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Defending Against Charges of Sexual Assault in Joliet

Posted on in Criminal Law

Joliet criminal defense lawyer, sexual assaultCharges of sexual misconduct, such as sexual assault, are some of the most serious criminal charges that can be levied against you. In addition to the possibility of prolonged periods of incarceration, sexual assault charges can damage your reputation and standing in your community (sometimes even if no conviction actually results). For this reason, prompt and decisive action should be taken as soon as possible to address any charges of sexual assault or misconduct.

Defenses Available to Defendants Charged with Sexual Assault

When you first learn that you are charged with sexual assault stemming from a sexual encounter with another, you may feel despondent and as if there is no hope. The prosecution may attempt to pressure you into accepting a plea agreement by trying to convince you that you have no defense. This is not true: depending on the facts of your case, you may have one or more defenses available to you:

  • Consent: If the person who is accusing you of sexual assault consented to having you touch him or her, or consented to intercourse, you will likely be acquitted. Just as a victim of sexual assault does not need to say “no” in order for a conviction for sexual assault to occur, so too a victim does not need to verbalize his or her consent in order for consent to be found. The victim’s actions and behaviors before and after the incident may suggest to a reasonable jury that the encounter was consensual.

  • Mistaken Identity: Poor lighting, alcohol, and/or the passage of time are but a few of the factors that can affect a victim’s ability to accurately remember details of his or her sexual assault. If the victim’s description of you varies greatly from your actual physical characteristics, this may be sufficient to plant reasonable doubt in the mind of jurors.

  • Mistaken Facts: While a victim who does not remember the facts of an encounter with 100 percent precision may still provide testimony that is sufficiently persuasive to convict you, a victim who does not recall if penetration occurred may not be sufficiently convincing to cause a judge or jury to convict you on as severe of charges.

Why Retaining Legal Counsel is So Important in Sexual Assault Cases

Many of these defenses must be investigated thoroughly before a trial: therefore, the sooner you retain a passionate Joliet criminal defense lawyer, the stronger your defense will be and the sooner you can employ your defense against your sexual assault charges. At the Law Office of Joel P. Brown, P.C., our firm takes sexual assault charges of any severity seriously and will thoroughly investigate your case to uncover all defenses that may be available to your charges. Our legal team has considerable experience in presenting effective defenses to sexual assault and other serious charges. Contact our Joliet office today for professional and tested legal counsel and assistance in resolving your criminal charges.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.20

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