What is an Aggravated Criminal Sexual Abuse Charge in Chicago?
In Illinois, an aggravated criminal sexual abuse charge involves sexual conduct with a minor, a disabled or elderly individual or involves the presence of an aggravating factor such as a weapon, bodily harm or the exploitation of a position of trust. You can also be charged with this crime if you delivered drugs or alcohol to the alleged victim without consent or through deception.
This charge is usually a Class 2 felony offense, but it can be elevated to a Class 1 felony if you are over 17 years old and/or in a position of authority.
When you are facing charges like aggravated criminal sexual abuse that could affect your life and future, it is important that you do not delay in retaining criminal defense services. To speak with our Chicago aggravated criminal sexual abuse lawyer, call our office today at (314) 900-HELP.
What Factors Elevate Criminal Sexual Abuse to Aggravated Criminal Sexual Abuse in Chicago?
Sometimes, a person is investigated for criminal sexual abuse but these charges are then elevated due to statements made during the interviews, how police interpreted consent, the discovery of text messages, allegations that suggested pressure or authority and legal technicalities.
Charges can escalate quickly, based on a few factors:
- How a relationship dynamic is interpreted
- Whether the alleged victim could legally consent
- A few years’ difference in age
- Persuasion was involved
If you are undergoing a criminal sexual abuse investigation, it is important to not take these charges lightly and to quickly retain the services of a Chicago criminal defense lawyer as what may not seem like an aggravated situation can be charged as one, depending on how the facts are interpreted.
How These Aggravated Criminal Sexual Abuse Cases Take Place in Chicago
Aggravated criminal sexual abuse can occur in a variety of situations and is aggressively prosecuted in Chicago.
Here are some examples of what the state of Illinois says constitutes aggravated criminal sexual abuse:
- A 17 year old and a younger teen engage in sexual activity
- An adult engages in sexual conduct with a minor, even if the relationship was perceived as consensual
- A teacher, coach or mentor is accused of inappropriate conduct with a student
- A caregiver is accused of crossing boundaries with a minor in their care
- One person says they felt pressured, intimidated or afraid to say no during a sexual act
- The alleged victim was intoxicated, unconscious or unable to give consent due to another reason
These cases frequently involve private settings without any other witnesses involved. In a “he said, she said” situation, text messages, conversations and photos can be misinterpreted. When the facts are disputed, the context is unclear or the law applies more strictly than you realized, it is important that you retain hard-hitting legal defense services.
How Age, Authority and Power Play out in Chicago Aggravated Criminal Sexual Abuse Cases
When factors such as age, authority and power are involved in your case, you can expect a charge to be heightened from a misdemeanor (criminal sexual abuse) to aggravated criminal sexual abuse and a Class 2 or Class 1 felony offense.
What do these factors entail?
- Age: To be charged with aggravated criminal sexual abuse, you have to be at least 5 years older than the alleged victim and the alleged victim has to be between 13-16 years old. Additionally, if the defendant is under 17 but the victim is under 9, “aggravated criminal sexual abuse” still applies.
- Authority: If you supervised the alleged victim, whether in a teacher/coaching/counseling/religious leader capacity, you could be facing an aggravated criminal sexual abuse charge. Additionally, any conduct between a family member and a minor is automatically considered aggravated.
- Power: If the use of force or threats were involved, then you are looking at an aggravated criminal sexual abuse charge. Also, if the alleged victim had an intellectual disability then this would be deemed as coercion as well and would be charged as aggravated criminal sexual abuse.
Penalties for Aggravated Criminal Sexual Abuse in Chicago
In Chicago, penalties are severe for aggravated criminal sexual abuse. Depending on the circumstances surrounding your case, you will either be charged with a Class 2 felony or a Class 1 felony, which each come with different penalties.
- Class 2 felony: This is how this crime is usually charged and it comes with a prison sentence of 3-7 years.
- Class 1 felony: If you are 17 or older or in a position of trust over the alleged victim, then you can be charged with a Class 1 felony. This comes with a prison sentence of 4-15 years.
In addition to receiving a prison sentence, the court may also impose fines up to $25,000 and you will have to register with the Illinois Sex Offender Registry. A period of mandatory supervised release (parole) is required after serving your sentence and these charges can’t be sealed or expunged from your criminal record. Because an aggravated criminal sexual abuse conviction can change your reputation and your future opportunities, you should not hesitate to speak with an experienced Chicago criminal defense lawyer to be advised of your rights and to pursue the best outcome in your case.
Early Decisions That Can Impact Your Chicago Aggravated Criminal Sexual Abuse Case
Even before charges are formalized, the decisions you make early on can greatly impact the outcome of your case.
It is best that you:
- Avoid talking to police without a lawyer present
- Hire a criminal defense lawyer early on
- Preserve all potential evidence (texts, emails, photos)
- Write down your own detailed timeline of the events
- Refrain from contacting the accuser in your case
- Limit discussions of your case to your attorney only
- Follow all court orders strictly
Early missteps can strengthen the prosecution’s theories and limit your defense options. But by quickly retaining a Chicago criminal defense lawyer and making calculated moves from there, you will be able to preserve favorable evidence, prevent damaging statements from being made and create the strongest leverage for a charge reduction or dismissal.
How We Challenge Aggravating Factors in Your Chicago Aggravated Criminal Sexual Abuse Case
We have a long track record of getting charges dismissed or, if a case goes to trial, of obtaining “not guilty” verdicts. But even if the evidence feels stacked against you, you should know that, in many cases, we are able to successfully negotiate a reduction in charges.
If the aggravating factors fall apart in your case, then your charge may be able to be reduced. At Combs Waterkotte we know how to poke holes in the prosecution’s arguments and create reasonable doubt.
For the prosecution to be successful, they will have to prove:
- You committed the sexual act
- And an aggravating factor was present such as use of force or threat, the alleged victim was under a certain age, there is a significant age difference between you and the victim, you have a position of trust/authority in the victim’s life, bodily harm occurred or a weapon was used
If it can be argued that the act was consensual, your relationship with the alleged victim doesn’t legally qualify as a position of authority or there is a lack of forensic evidence to show bodily harm or weapon use, we may be able to disprove that an aggravating factor existed.
Regardless of whether an aggravating factor exists or not, we will challenge witness credibility, forensic and digital evidence. If your rights were violated by police, key evidence may be able to be thrown out, which will weaken the state’s case.
We are skilled at negotiation and may be able to get your charge reduced to a non-aggravated offense, to a lesser felony or misdemeanor or obtain a reduced sentence on your behalf.
