Illinois takes sex crimes seriously. Those convicted of non-consensual sexual acts in violation of state law face harsh punishment, including jail time, fines, and mandatory sex offender registration.
Fortunately, defenses are available to fight these charges. A criminal defense attorney from Kostopoulos Law Group can stand with you to challenge the state’s allegations and present a compelling defense on your behalf.
Understanding Predatory Criminal Sexual Assault of a Child
Illinois has several sexual assault of a minor laws. The most serious involves predatory criminal sexual assault of a child (PCSC).
Predatory sexual assault laws focus on scenarios in which the accused is 17 or older, and the victim is under 13. In these situations, the age difference is presumed to be predatory; in other words, the older person targeted the younger victim specifically due to their age.
Prosecutors may also bring other charges, such as criminal sexual assault, child sexual exploitation, and criminal sexual abuse of a child, when the defendant is an adult and the victim is a child.
However, they’ll typically pursue PCSC charges when they can prove each of the elements because it carries a lengthy prison sentence with a mandatory minimum term, thereby fulfilling their duty to prosecute sex crimes to the fullest extent of the law.
Elements Prosecutors Must Prove
The prosecution must prove every statutory element of a crime beyond a reasonable doubt to secure a conviction. Under Illinois’s criminal statutes, predatory criminal sexual assault of a child occurs when all of the following elements are present.
The Accused Is 17 or Older
The accused must have been at least 17 years old when the offense allegedly occurred. If they were younger than 17, they may still face criminal sexual assault or child sexual abuse charges, but they can’t be found guilty on PCSC charges.
Contact or Sexual Penetration
Prosecutors must prove either sexual contact or sexual penetration. Sexual contact means any contact, however slight, between one person’s sex organ or anus and any part of the other person’s body to gratify or arouse either party sexually.
This definition of “contact” is noteworthy for several reasons.
First, it doesn’t distinguish between the perpetrator’s body and the victim’s body. Illegal contact occurs whether the accused touches the victim or the victim touches the accused.
Second, it extends to slight contact. Consequently, touching a child under 13 for the purpose of sexual gratification could violate the law even if the contact was light or brief.
Third, prosecutors don’t need to prove a lack of the victim’s consent. Since one of the parties is under 13, all sexual contact is presumed to be non-consensual.
In short, PCSC covers statutory rape committed by someone 17 or older against a victim younger than 13.
“Sexual penetration” is a much more technical term. Under Illinois law, sexual penetration includes any contact, however slight, between one person’s sex organ or anus and any of the following:
- An object
- The other person’s sex organ, mouth, or anus
Sexual penetration also covers any intrusion, however slight, of a person’s sex organ or anus by any of the following:
- Any part of the other person’s body
- Any object
- Any part of an animal
Importantly (and perhaps unexpectedly), sexual penetration doesn’t require proof that the touching occurred for sexual gratification or arousal. The nature of the touching is invasive enough that it’s presumed to be sexual in nature.
Aggravating Factors
In addition to the preceding elements, prosecutors may optionally attempt to prove aggravating factors that can increase the minimum mandatory prison term for the accused upon conviction. The following aggravating factors can arise when someone commits PCSC:
- Being armed with a firearm when committing the offense
- Personally discharging a firearm during the offense
- Causing great bodily harm to the victim that results in a permanent disability or life-threatening injury
- Delivering any controlled substance to the victim without their consent or using threats or deception
Like the required elements, these aggravating factors must be proven beyond a reasonable doubt.
Common Defenses Against Predatory Sexual Assault Charges
Successfully defending predatory sexual assault charges is possible, though challenging. The facts of your case will determine the defense your attorney presents. The following are all potential strategies.
Non-Sexual Contact
The prosecution must substantiate the accused’s intent to sexually gratify or arouse themselves or the victim.
Three types of contact wouldn’t meet this element. First, unintentional contact wouldn’t violate the law. For example, if you accidentally touched the victim’s genitals while catching them during a fall, you would have a viable defense.
Second, contact for a legitimate purpose would likely fall outside the statute’s scope. Thus, a coach or physician who touches an athlete to examine an injury might be entitled to dismissal or acquittal.
Third, incidental, non-sexual contact likely isn’t illegal. Suppose that your hand brushes against another person’s body on the bus. It might not have been strictly involuntary because you were reaching for a handrail, but it also wasn’t intentional because you didn’t do it to gratify or arouse anyone. This level of contact might not violate the law.
Age
The law requires that both the accused and the victim fall within certain age ranges. If the victim was 13 or older, or if the accused was under 17, the statute doesn’t apply.
Mistaken Identity
Prosecuting PCSC charges often relies on a minor’s identification of the alleged perpetrator. However, a child’s testimony may be unreliable. Moreover, their identification of the accused may be influenced by the accused’s relatives or by the officers investigating the alleged crime.
In such an instance, your attorney can present alibi evidence to establish reasonable doubt.
False Accusation
False accusations are always a possibility. When a victim or witness falsely accuses you of a crime, your attorney can gather evidence to show that you didn’t commit the offense as written. This evidence could include an alibi or forensic evidence to disprove that the alleged crime ever occurred.
Procedural and Constitutional Defense Strategies Against Child Sexual Abuse Charges
Regarding criminal trial procedures, sexual offenses are largely tried the same way as other offenses. The procedures in question are meant to protect the rights of the accused; as such, they could offer you a defense against felony child sexual assault charges.
Your attorney may employ any of the following defense strategies in your case.
Illegal Search
The U.S. Constitution protects everyone from unlawful and unreasonable searches. The police must have a search warrant or prove that a search falls into a warrantless exception. If officers recovered any evidence against you during an improper search, your attorney can file a motion to exclude it from your trial.
Improper Interrogation
The Constitution prohibits the police from using coercive interrogation techniques. Furthermore, the police must stop any interrogation if you ask for a lawyer. If investigators failed to follow these rules, anything you said can be kept out of your trial.
Evidence Gathering and Trial Preparation
Charges for predatory criminal sexual assault of a child often hinge on a few types of evidence, including:
- Forensic evidence
- Eyewitness statements, including the victim’s testimony
- Expert witness testimony to interpret evidence and render scientific or medical opinions
Your lawyer will approach your case by analyzing the prosecution’s evidence against you and gathering evidence to support your defenses. The goal is to persuade prosecutors (or, if your case reaches trial, a jury) that there’s a reasonable doubt about the state’s case.
This means that your attorney will seek to identify weaknesses in the accusations against you and gaps in the state’s evidence. They may also gather and present exculpatory evidence, such as alibi witnesses, to prove that you didn’t violate the law.
Before your case goes to trial, your lawyer will identify all possible defenses and may file motions to exclude evidence against you. Additionally, they may file motions for permission to raise certain defenses. Once the judge determines what can and cannot be presented at trial, you’ll receive a trial date.
Sentencing, Plea Options, and Post-Conviction Relief for Convicted Sex Offenders
Predatory criminal sexual assault of a child is a Class X felony in Illinois. Upon conviction, the court can sentence you to up to 60 years in prison, with a mandatory minimum sentence of 6 years.
The PCSC charges and penalties increase substantially when there is proof of aggravating factors. The court must add 15 years to your sentence if you were armed with a firearm and 20 years if you discharged a firearm.
Including the mandatory minimum sentence, you could receive a total sentence of 21 years for carrying a firearm or 26 years for discharging it. The mandatory minimum increases to 50 years if you’re convicted of causing great bodily harm or drugging the victim.
In terms of plea bargains, sexual assault cases may offer such options as pleading guilty to lesser crimes like child sexual abuse, sexual exploitation of a child, or child pornography. These offenses carry less severe punishments than predatory criminal sexual assault of a child.
While post-conviction relief is available for some sex crimes, state law bars sealing or expungement of any sex offense against a minor. Consequently, you’ll be ineligible for having your record sealed or expunged if you’re convicted of PCSC charges.
Contact Kostopoulos Law Group to Mount a Strong Defense Against Your Charges
Being convicted of predatory criminal sexual assault of a child can result in a lengthy prison sentence and lifetime sex-offender registration. Our proven criminal defense attorneys have decades of legal experience, including work as former prosecutors, and are eminently qualified to pursue the best possible outcome in your case.
Contact us today to discuss the defenses we can assert against your criminal sexual assault charges.
