Aggravated sexual abuse is a serious charge. The best step you can take is to immediately contact an aggressive Chicago sex crime attorney that has experience defending sex crime arrests. We will fight for justice in your case. Contact our firm today to schedule an in-office consultation. Our phone number is (312) 466-9466.
Criminal Sexual Abuse requires an act of "sexual conduct" as defined in 720 ILCS 5/12/12(e). It can be summarized as touching or fondling for the purpose of sexual gratification. It can be done through clothing, and, as a result, the accusation has been made in a wide variety of settings.
There are 13 different factors which elevate Criminal Sexual Abuse to Aggravated Criminal Sexual Abuse, including the use of force, the age of the alleged victim, the alleged victim's mental capacity or the defendant's relationship to the alleged victim.
Once we identify which aggravating factor is alleged, we can identify the best defense.
If possible, it is best to be able to deny that any sex act occurred. This is true because allegations based on age or mental capacity mean you cannot use a consent defense.
Consent is a defense to the charges which allege force or the threat of force, but the intimate nature of sexual conduct usually means there are no witnesses and the case comes down to the defendant's word against the alleged victims. If this is not possible, attacking the element that makes the alleged criminal sexual abuse aggravated may be the wisest course of action. For example, if an individual is charged with sexual conduct with a person who is severely mentally retarded, it may be possible to challenge the mental capacity of the alleged victim.
With so many possible Aggravating Factors, it is important to consult with an experienced Chicago Sex Offense lawyer or Chicago Sex Offense law firm. The Law Office of Steven R. Hunter has the expertise and experience to help. Call us today at (312) 466-9466.