Need help dealing with an Illinois sex crime case? Call us today at (312) 466-9466 to speak with an experienced Illinois sex crimes lawyer.
An arrest for a sex crime involving children is a serious matter that requires the attention of an exceptional criminal defense lawyer.
The intensity of the prosecution of sex offenses is greater than other crimes, and the intensity of sex offenses where the alleged victim is a child is even more intense.
Punishments increase dramatically when children are involved. In addition, Judges and Juries, the triers of fact, typically have an emotional reaction of horror to the offense, even before they have heard the evidence.
In addition, safeguards to a fair trial such as the exclusion of hearsay are undermined by statutes such as 725 ILCS 5/115-10, which allows the admission of hearsay in many instances. Police and prosecutors often conduct so-called victim-sensitive interviews of children with a nurse or social worker.
However, defense attorneys must always be vigilant because such interviews are not always admissible, particularly if an overzealous interviewer views herself as an investigator for the police and leads a child into statements the child would not otherwise have made. Small children often seek to please adults and will confirm information or make-up stories when such statements are met with positive reinforcement.
Allegations of sex crimes against small children often trigger the involvement of the Department of Children and Family Services.
Our office has received calls from panicked families saying "DCFC is taking away our children because of a parent being accused of a sex offense."
Mothers faced with the possible removal of their children are often reluctant to side with their husband or boyfriend in any meaningful way. In addition, administrative hearings and interviews by DCFS lack the constitutional protections that an accused person has in criminal court. Therefore, a diligent attorney must protect his client in both venues.
Our office has defended clients from both criminal charges and allegations of abuse before a DCFS Administrative Hearing officer, and is equipped to do so in the future.