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Who Is Considered A Child In A Child Related Sex Crime In Illinois?


The law identifies several ages where the law changes for sex crimes. If the victim is under 13 years of age, this is generally referred to in Illinois as a predatory criminal sexual assault of a child. There are certain sentence enhancements for victims that are over the age of 13, but under the age of 17. Also, the charges can change if the victim is between 13 and 17 and the defendant is more or less than five years older than the victim.

How Does The Age Of The Alleged Victim Affect The Type Of Charge?

The age of the victim can affect the nature of the charge, making the charges more serious. It can also affect the sentencing parameters, if convicted.

Do Most Child Sex Crimes Involve Strangers Or Do They Involve People Who Know One Another?

Sex crimes with child victims come in every shape and size, much like sex crimes where the alleged victim is an adult. Our firm has extensive experience representing persons in all types of sex crimes with child victims. Sometimes, they know the victim well and sometimes they have no idea who the alleged victim is.

What Would Enhance Or Aggravate A Sexual Assault Of A Child Charge?

Sex crimes can become aggravated for a number of reasons. The age of the alleged victim could be an aggravating factor. The difference in age between the alleged victim and the accused can also make a difference. The type of sexual contact, such as touching or penetration can be an aggravating factor. Finally, whether the sex act was forced or was consensual but illegal because of the alleged victim, will determine if there are aggravated charges for it.

What Is Considered an Indecency Charge With A Child?

Indecency generally means there was no actual physical sexual contact between the two individuals. For instance, indecent solicitation of a child could mean a situation where an adult allegedly asked a person under the age of 17 to perform a sex act. Other forms of indecency could involve exposing sex organs to a child under the age of 17.

What Should I Do If I Am Contacted By Police To Talk About Allegations Of Child Sex Abuse?

If you’re contacted by the police regarding an investigation for a sexual abuse claim, stop what you’re doing and hire a qualified defense attorney immediately. The probability of obtaining a successful outcome goes way up the sooner an attorney is retained on the case.

How Can I Defend Myself Against A False Allegation Of Child Sex Abuse?

Child victims present certain challenges that differ from situations where the alleged victim is an adult. However, it also presents strategies and defense opportunities which are not generally available with an adult victim.

What Is Considered Sexual Misconduct With A Minor?

Sexual misconduct is generally a catchall type of offense for situations where the facts of the case are unique and don’t really fit in with any of the other sex offenses on the books. This is relatively rare. Illinois defines sexual misconduct as any touching or fondling by the victim or the accused, either directly or through the clothing, of the sex organs, anus, or breast of the victim or the accused, any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim for the purpose of sexual gratification or arousal of the victim or the accused.

Does A Sexual Misconduct With A Minor Charge Differ From A Child Molestation Charge?

Sexual misconduct and child molestation are completely different. These terms are not terms that we generally use, but the concepts are easy to understand. Misconduct generally refers to a situation where there’s little to no sexual contact. Molestation would refer to sexual contact between two people.

How Does Your Firm Help Defend Against False Child Sex Abuse Allegations?

Every case is different. The best advice that I can give is don’t try to handle the situation yourself, even in the early investigation stages. You need professional help. It’s very easy for innocent people to be charged with false allegations in child sex cases. You need to retain an experienced sex offense defense attorney as soon as you possibly can. Part of the reason that child sex cases are so difficult is because it’s hard for people to believe that a child could make something like that up, particularly if they are referring to sex organs or sex acts that a child of that age ordinarily wouldn’t have knowledge of.

For more information on Child Related Sex Crimes In Illinois, 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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