Chicago Criminal Lawyer Blog
Understanding Predatory Criminal Sexual Assault of a Child Under Illinois Law
Predatory criminal sexual assault of a child, as defined under 720 ILCS 5/11-1.40, involves acts of sexual penetration with a child under the age of 13 by a person who is at least 17 years old. This offense carries severe legal consequences, including mandatory prison sentences.
Key Elements for Predatory Criminal Sexual Assault Charges
The prosecution must prove the following elements beyond a reasonable doubt:
- Sexual Penetration: Defined under Illinois law as any contact between the sex organ of one person and the body of another.
- Victim’s Age: The victim must be under the age of 13 at the time of the alleged offense.
- Offender’s Age: The accused must be at least 17 years old.
- Intent: The act must have been intentional and knowing.
Penalties for Predatory Criminal Sexual Assault of a Child
A conviction under 720 ILCS 5/11-1.40 is classified as a Class X Felony with the following penalties:
- Mandatory Minimum Sentence: 6 to 60 years in prison.
- Extended Sentencing: Potential life imprisonment for repeat offenses.
- Mandatory Sex Offender Registration: Lifetime registration on the Illinois Sex Offender Registry.
- No Probation: Probation is not an option for this felony.
Defense Strategies for Predatory Criminal Sexual Assault Charges
1. Mistaken Identity or False Accusation
Defense can argue that the accused was not the perpetrator, relying on:
- Alibi witnesses.
- DNA evidence.
- Surveillance footage.
2. Lack of Evidence
If the prosecution lacks sufficient physical or forensic evidence, the defense can challenge the credibility of the charges.
3. Consent is Not a Defense
Due to the age of the victim, consent cannot be used as a defense under Illinois law.
4. Procedural Violations
Any violations of the defendant’s constitutional rights, such as unlawful searches or failure to provide Miranda warnings, can lead to evidence being suppressed.
Key Evidence in Predatory Criminal Sexual Assault Cases
- Medical Examination Reports: Used to confirm or refute physical evidence of assault.
- Witness Statements: Testimonies from the victim, family members, and any eyewitnesses.
- Electronic Evidence: Text messages, call logs, or other communications.
- Forensic Evidence: DNA results and other physical evidence.
Legal Process in Predatory Criminal Sexual Assault Cases
1. Investigation
Law enforcement investigates claims, collecting evidence and interviewing witnesses.
2. Charging and Arraignment
Formal charges are filed, and the accused is arraigned, where they enter a plea.
3. Pre-Trial Motions
Defense attorneys may file motions to suppress evidence or dismiss charges due to procedural errors.
4. Trial
The prosecution presents its case, and the defense challenges the evidence and cross-examines witnesses.
5. Sentencing
If convicted, the court imposes a sentence based on Illinois sentencing guidelines, considering aggravating and mitigating factors.
Importance of Legal Representation
Due to the gravity of these charges, it is critical to have an experienced defense attorney who can:
- Investigate the case thoroughly.
- Challenge weak or insufficient evidence.
- Present expert witnesses and forensic analysis.
FAQs: Defending Against Predatory Criminal Sexual Assault of a Child in Illinois
What makes this charge a Class X felony?
The combination of the victim’s age, the severity of the act, and the age difference between the accused and the victim classifies this crime as a Class X felony.
Can a child testify in court in such cases?
Yes, a child can testify, but their competency may be evaluated to ensure they understand the difference between truth and lies.
Is it possible to get charges reduced?
Due to the severity of the offense, reducing charges can be challenging but may be possible if there are significant evidentiary issues.
What should I do if accused of predatory criminal sexual assault?
Contact a qualified criminal defense attorney immediately and refrain from speaking to law enforcement without legal representation.
Are plea bargains possible for predatory sexual assault charges?
Plea bargains are rare due to the seriousness of the charge but could occur in specific situations involving weak evidence.
How long can a person be imprisoned for a conviction?
A single conviction can result in a minimum of 6 years to a maximum of life imprisonment.
What evidence can be used to defend against these charges?
Common defense evidence includes alibi witnesses, DNA testing, and evidence challenging the credibility of the accuser.
Can past criminal history affect sentencing?
Yes, a prior criminal history can lead to enhanced penalties and longer sentencing ranges.
Is sex offender registration mandatory for a conviction?
Yes, lifetime registration as a sex offender is mandatory upon conviction.
What are the consequences of being a registered sex offender?
Registered sex offenders face restrictions on residency, employment, and public presence near schools or parks.
Call Attorney David Freidberg For a FREE Consultation
If you have been accused of a sex crime in Illinois, you need a skilled defense attorney to protect your rights and future. The Law Offices of David L. Freidberg offers compassionate and aggressive representation for clients facing these serious charges. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve DuPage County, Cook County, Will County, and Lake County. Let us fight for your defense and your future.
