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What Is The Standard Of Proof In A Sex Crimes Case?


The burden of proof in a sex crime case is the same as in all criminal cases. The defendant is presumed to be innocent and the state has the burden of proving each and every element of the offense beyond a reasonable doubt.

How Often Are Drug And Alcohol Involved In A Sex Crime Case? How Does It Impact The Case?

Many sexual assault or sex abuse cases involve drugs and alcohol. Sometimes, it’s alleged that the drugs were involuntarily consumed by the victim, meaning that that the victim was given some sort of a drug against their will. This is commonly referred to as date rape. Roofies, also known as the “date rape drug”, is a common street name for Rohypnol, which is a very powerful animal tranquilizer that can render someone unconscious or cause them to lose control of their mental or physical faculties. Other times, the drugs or alcohol are voluntarily taken and it’s alleged that the persons involved had sexual contact but because of the intoxication, one of the people involved was unable to properly consent. These are very difficult cases, particularly when both parties are intoxicated and one person thinks the sexual contact was consensual and the other party does not. Our firm has successfully represented many people in these types of situations.

How Much Do Forensic Evidence Or Experts Play Into A Sex Crimes Case?

In cases involving involuntary intoxication where the victim was allegedly drugged against their will, forensics will play a role, particularly if there’s a blood test performed to show the presence of some type of drug in the blood of the alleged victim. Forensics may not be as important in a voluntary intoxication case because often these are cases where there’s not a denial of the sexual contact, it’s just a question of whether it was a consensual sexual contact. Forensic evidence could also play a big part in instances of a forcible sexual assault, where the identity of the defendant comes into play and they have DNA evidence that they plan to use to identify the defendant.

What Do You Look For When It Comes To Jury Selection In Sex Crime Cases?

When we pick a jury, we have the opportunity to interview them and ask them various types of questions. Depending on the nature of the sex crime, we might ask whether they have friends or family who have dealt with situations involving sexual assault, sexual abuse, rape, or date rape because we would prefer to have jurors with no prior experience with any type of sex crime. That experience really colors their opinion on the situation and could affect their ability to be impartial and fair in the case.

Is It Ever Possible To Be Removed From The Sex Offender Registry In Illinois?

Most sex offenses require lifetime registration as a sex offender. This is by statute and not at the discretion of the judge or prosecutor. There are still some offenses that only require a 10-year registration, but those are misdemeanor offenses. The consequences of a sex crime can last a lifetime, so do not underestimate the value of retaining a qualified defense attorney as soon as possible.

Can A Sex Offense Conviction Ever Be Expunged Or Sealed From Your Record?

A conviction for a sex offense cannot be expunged or sealed in any manner, which is yet another reason why it’s so important to retain counsel at the earliest point in the investigation possible.

Are There Still Long-Term Effects Upon A Person Even If They Are Found Innocent Of A Sex Crime?

If someone is found not guilty and there is no conviction for a sex crime, generally the arrest would be expunge-able and the court file would be sealed. However, in this age of technology, even if someone is acquitted, there probably will still be online news articles that reported the charges, and those articles never go away.

How Does An Attorney Deal With The Stress And Emotion In A Sex Crime Case?

These are stressful cases and defending people charged in sex crimes is not for every lawyer. I represent defendants charged in sex cases because I believe in the constitution and I believe that everyone deserves a great defense. I don’t judge my clients. I’m a professional and when I’m hired to defend someone accused of a crime, I give them everything I have to produce a successful result in the case. I have the discipline to do what I need to do to protect my clients, even if they’re charged with horrific offenses.

For more information on Burden Of Proof In A Sex Crime Case In IL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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