Illinois Sex Crimes Legal Questions

You're confusing whether it is illegal, and whether it can be proven. It is illegal if you have sex with him. Whether anybody can prove it or not depends on the facts and circumstances of the case. If your boyfriend is found guilty, he could be required to register as a sex offender for many years, along with face a fine and potential jail time.  ... Read More

If you cannot afford a lawyer, one will be appointed for you if you are charged with an offense. However, I could consider this if you really don't want to hire a lawyer:  Do you think your odds are better or worse with a lawyer? Having made that determination, would you rather look at your father and say, "I could potentially be guilty of a sex crime", or would you rather look at your father and say, "I've been found guilty of a sex crime"? If you keep talking about your case online and to other people, you're making it more likely that you will be having the second conversation, not the first.  You have a right to remain silent.  You have a right to an attorney if you have been charged.  Those most frequently convicted fail to exercise their rights.    ... Read More

You must file a written motion within 30 days of the entry of judgement alleging all facts or circumstances which rendered your plea of guilty not knowing or not voluntary.    Try Illinois Supreme Court Rules 605 and 606.  http://www.state.il.us/court/SupremeCourt/Rules/Art_VI/ArtVI.htm#605... Read More

It depends on the circumstances.  The statute of limitations for charging a criminal offense begins at 720 ILCS 5/3-5 and continues on to 5/3-8.  There are many exceptions in it, which will apply depending on the specific factual circumstances.  As a general idea, the rule is "at least three years", "often ten years", and "there is no statute of limitations."  Which particular rule applies will depend on what occurred.      ... Read More

If the girl lied to the court, then yes she faces potential penalties. However, there's no such thing as "consensual sex" for the 17 year old because the law says that she can not consent.  That's what statutory rape is.  She is very unlikely to be punished, because the law views it as not her fault.  It doesn't matter if she wanted to or not, she could not legally consent because of her age.  ... Read More

If you plead guilty and were sentenced to 8 consecutive weekeneds, then your only hope at this point is to file a motion to withdraw a guilty plea if you are within 30 days of your plea of guilt. If you have not plead guilty yet, you can plead not guilty and ask for a jury trial or a bench trial. You can also plead guilty and request the Judge to sentence you. However, what you should not be doing is posting confidential matters on the internet.  You have an attorney  You should consult with him for your best course of action.  ... Read More

   If your son was charged with a misdemeanor and he is 16, his case should be in juvenile court. Since you have tagged this as a sex crime, this is very serious. It is also possible that the charge could be upgraded and he could face adult prosecution and penalties. Please contact an experienced defense attorney as soon as possible who can best advise both you and your son.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  The answer varies on the underlying charge. 720 ILCS 5/3-6 provides for extended statute of limitations. Subsection (d) provides: "When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense."   Under section (j), the extended statute is: "When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse...may be commenced within 20 years after the child victim attains 18 years of age. When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age."   This posting is not legal advice nor does it commence the inception of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

   It is very difficult to determine the likelihood of success on an appeal without reviewing the transcript of the proceedings. There are also time factors involved. Presumably, a motion for a new trial was filed as well as a timely notice of appeal.   The convicted person should confer with his defense attorney as soon as possible. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  The statute of limitations for various sex offenses varies under Illinois law. Some factors may include whether the complainant was under 18 at the time, whether or not the complainant at any age reported the offense to law enforcement and whether or not and when the profile of the offender was entered into the DNA database.   If you are the complainant in such a case, please contact law enforcement. You may also wish to contact the Illinois Coalition Against Sexual Assault as well as an experienced attorney.  This posting is for informational purposes only and does not constitute legal advice nor the commencement of an attorney-client relationship.   Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

    I am so sorry that you and your son are dealing with this sensitive issue. It is not, however, a subject for a criminal lawyer. You should contact an attorney who specializes in school law to bring it to the district's attention or a personal injury attorney regarding the possible lack of a safe learning environment.     I wish you and your family well as you deal with this situation. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  It is difficult to answer that question without more information. If the alleged complainant was a minor, the statute of limitations will have extended. The police will still investigate such allegations and charges may be lodged against the alleged perpetrator.   When a person is being investigated by law enforcement, it is always a good idea to consult with an experienced defense attorney. Persons who law enforcement want to question, should definitely consult with counsel prior to discussing anything with law enforcement. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read More