Sexual Assault Attorney in Chicago

Facing Sexual Assault Charges? We’re Here to Defend You

When facing a sexual assault charge, having a knowledgeable sex crimes defense lawyer in Chicago is crucial for navigating the complexities of your case. The legal landscape here requires a deep understanding of both Illinois state laws and local courtroom protocols.

At The Toney Law Firm, LLC, we focus on protecting our clients' rights and futures. Our strategic approach and team dedication enable us to provide thorough, individualized representation in these sensitive matters. Led by Attorney Sarah Toney, our team includes seasoned professionals who bring both practical experience and academic insight.

Charged with such a serious offense, defendants often face public scrutiny and stress, which can impact their mental health. We understand the unique emotional challenges posed by these cases and strive to provide a safe, respectful environment for our clients to discuss their concerns and needs openly.

Our trusted sexual assault attorney in Chicago is available 24/7 to fight for your rights. Free consultations and legal support in English and Spanish—call (888) 473-4058 or contact us today for immediate help.

Understanding Sexual Assault Laws in Illinois (720 ILCS 5/11-1.20 et seq.)

In Illinois, "sexual assault" is primarily charged under the Criminal Sexual Assault and Aggravated Criminal Sexual Assault statutes. These statutes are complex, defining a wide range of prohibited sexual conduct and penetration without consent. The severity of the charge depends heavily on the specific nature of the alleged act, the age of the alleged victim, the presence of force or threats, and any aggravating factors. A sexual assault attorney in Chicago must possess an in-depth understanding of these specific statutes and their precise legal definitions.

Understanding Consent

Consent is defined as "a freely given agreement to the act of sexual penetration or sexual conduct in question." Crucially, Illinois law explicitly states that "Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent." Furthermore, consent cannot be given by a person who is under the age of 17, with limited exceptions for a "reasonable belief" defense in some cases. Consent can also be withdrawn at any time. A person is also deemed "unable to give knowing consent" if they are unconscious, asleep, or incapacitated due to drugs or alcohol.

Key Illinois Sexual Assault Statutes

Criminal Sexual Assault (720 ILCS 5/11-1.20)

A person commits criminal sexual assault if that person commits an act of sexual penetration and:

• Uses force or threat of force;
• Knows that the victim is unable to understand the nature of the act or is unable to give knowing consent (e.g., due to intellectual disability, mental incapacitation, or physical helplessness);
• Is a family member of the victim, and the victim is under 18 years of age (this covers "statutory rape" scenarios within families); or
• Is 17 years of age or older and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

Penalties: Generally a Class 1 Felony (punishable by a determinate sentence of not less than 4 years but not more than 15 years, and a fine of up to $25,000).

Aggravated Enhancement: A second or subsequent conviction for Criminal Sexual Assault (or certain substantially equivalent prior sex offenses) can elevate the current offense to a Class X Felony (6 to 30 years prison), or even Natural Life Imprisonment in certain egregious circumstances (e.g., a third conviction for specific serious offenses, or if the victim was under 12 years of age and the offender has specific prior sex offense convictions). This "lifetime look-back" makes fighting every charge with a Chicago sexual assault lawyer critical.

Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30)

This is a more severe felony, carrying enhanced penalties. A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, in some cases, occur as part of the same course of conduct:

• Displays, threatens to use, or uses a dangerous weapon (other than a firearm), or any other object fashioned or used in a manner that leads the victim to reasonably believe it is a dangerous weapon.
• Causes bodily harm to the victim.
• Acts in a manner that threatens or endangers the life of the victim or any other person.
• Commits the criminal sexual assault during the course of committing or attempting to commit any other felony.
• The victim is 60 years of age or older.
• The victim is a person with a physical disability.
• Delivers any controlled substance to the victim without consent or by threat/deception for non-medical purposes.
• Is armed with a firearm.
• Personally discharges a firearm during the commission of the offense.
• Personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
• The offender is under 17 years of age and commits an act of sexual penetration with a victim who is under 9 years of age.
• The offender is under 17 years of age and commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and uses force or threat of force.
• Commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.

Penalties: Generally a Class X Felony (punishable by a determinate sentence of not less than 6 years but not more than 30 years, and a fine of up to $25,000). Aggravating factors related to firearm use can add mandatory consecutive sentences of 10, 15, 20, or even 25 years to a term of natural life imprisonment.

Defending Against Sexual Assault Charges in Chicago

Building a strong defense against sexual assault charges centers on proving a lack of consent, arguing the activity was consensual or reasonably believed to be. We also investigate false accusations or mistaken identity, scrutinizing accuser's credibility or providing alibis. If required, we dispute the presence of force or threat of force.

Additionally, we challenge the prosecution's evidence for insufficiency or reasonable doubt, highlighting inconsistencies or lack of corroboration. Any constitutional violations during the investigation are aggressively pursued to suppress evidence. We also argue whether the alleged act meets legal definitions of sexual contact or if the victim's incapacity to consent was properly established.

Navigating the Challenges of Facing Sexual Assault Allegations

Facing allegations of sexual assault in Chicago can be daunting. The local courts, such as the Cook County Circuit Court, operate under specific protocols. Our firm guides clients through these intricacies with a focus on their legal rights and emotional well-being. We strive to provide a supportive environment, understanding the stress that legal battles can impose.

The stigma surrounding sexual assault cases can influence public perception, and peers as well as professional life can be severely affected. Our firm commits to navigating not only the legal hurdles but also advising on reputational management and working to mitigate the collateral effects on future opportunities, all while maintaining strict confidentiality and discretion.

Why Choose The Toney Law Firm, LLC

Our team is committed to delivering focused, aggressive representation tailored to your unique circumstances.

• Team Approach: Our collaborative methods ensure every angle of your case is meticulously considered.
• Academic & Practical Insight: Attorney Toney’s role as a professor enriches our strategies, keeping us at the forefront of legal developments.
• Recognition & Trust: We are proudly recognized by key associations, affirming our professional integrity and dedication.

Choosing the right sexual assault lawyer in Chicago could mean the difference between a well-navigated legal challenge and prolonged distress. Our firm's commitment is reflected in our continuous pursuit of excellence and improvement, diligently working to safeguard your future through comprehensive legal planning. We offer legal strategies that are not only rooted in law but are adaptive to the unique twists and turns of each client's story.

Call Us for Support & Guidance

At The Toney Law Firm, LLC, we understand that the legal system can be overwhelming. Our aim is to offer clarity and guidance during challenging times, ensuring you are well-prepared for each step of the process. By reaching out to us, you gain a team ready to fight for your defense, provide informed advice, and prioritize your needs.

Contact us today at (888) 473-4058 for a consultation. Let us help you navigate your case with diligence and care, reinforcing our commitment to protecting your rights and future.

Commonly Asked Questions

Can a Sexual Assault Charge Be Dropped or Resolved Without Trial?

Yes. Many cases are resolved through plea negotiations or alternative resolutions. Depending on the evidence, we may be able to secure a reduction or dismissal of charges. Our firm regularly negotiates conditional releases, deferred judgments, or enrollment in diversionary programs to avoid the long-term consequences of a conviction.

We emphasize early engagement with prosecutors and strategic positioning to present favorable terms—without sacrificing your legal rights or future prospects.

What Happens if I’m Falsely Accused of Sexual Assault?

False accusations can arise from misunderstandings, personal motives, or misidentification. If you believe you’re falsely accused, do not contact the alleged victim. Contact a lawyer immediately. Our attorneys will gather exonerating evidence, identify inconsistencies in the accuser’s statements, and consult expert witnesses to support your defense.

We understand the devastating impact of false accusations and act swiftly to contain reputational harm, prevent unnecessary charges, and secure full acquittals where possible.

Will I Have to Register as a Sex Offender if Convicted?

Yes, most sexual assault convictions in Illinois require registration as a sex offender. This requirement can affect where you live, work, and travel. However, with strong representation, you may avoid conviction entirely or negotiate for reduced charges that carry less severe consequences.

Our team aggressively pursues all possible outcomes that prevent sex offender registration, including charge reduction, dismissal, or acquittal, so you can protect your reputation and future.

Can I Seal or Expunge a Sexual Assault Charge in Illinois?

Sexual assault convictions generally cannot be expunged or sealed in Illinois. However, if the charges are dropped, dismissed, or you are found not guilty, you may be eligible to have the record sealed. This makes it vital to fight early and avoid a conviction when possible.

We assist clients with post-case expungement and sealing petitions whenever the law permits, helping to restore privacy and minimize the long-term consequences of legal entanglement.

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