False Accusations of Sexual Assault: Understanding Your Rights and Options

 Posted on April 12, 2022 in Sex Crimes

Sex crimes are considered by most people to be some of the most egregious crimes a person can commit. This makes being falsely accused of a sex crime even more devastating to the accused person. If you were charged with sexual assault, you may be facing severe criminal and personal consequences.

In Illinois, sexual assault is a Class 1 felony offense punishable by up to 15 years in prison. If certain aggravating factors are present, such as the possession of a firearm during the alleged attack, the offense is elevated to a Class X felony. Aggravated sexual assault is punishable by a maximum of 30 years behind bars.

Fortunately, criminal defendants have certain rights afforded to them by state and federal law. The first step in defending yourself against false allegations is to understand and invoke these rights.

Do Not Let Police Interrogate You Without Your Lawyer

Every criminal defendant who is arrested by police is read the Miranda Rights. These rights include the right to remain silent and the right to consult with an attorney. One of the best things you can do in this situation is to take full advantage of this right. Do not answer any questions from the police. State that you are choosing to remain silent until your lawyer is present and then say nothing.

Start Working on a Strong Defense

The sooner you contact a skilled criminal defense lawyer with experience in sexual assault cases, the better. Your lawyer can start building your defense right away. It may be a good idea to start gathering any evidence that may be used to prove your innocence. Text messages, emails, voicemails, receipts, and any other documentation showing where you were and what you did on a given day may be useful. Your lawyer may be able to use this evidence to cast doubt on your guilt.

Remember, the prosecution must prove your guilt “beyond a reasonable doubt” in order to convict you. Anything that can shed doubt on your accuser’s allegations may help you avoid conviction. For example, if the prosecution says that you were at the alleged victim’s home on a certain evening, but you can prove that you were no where in the area at that time, this gives you an alibi.

Contact a DuPage County Criminal Defense Lawyer

If you or a loved one were accused of sexual assault, contact Wheaton criminal defense attorney Stephen A. Brundage for help. Mr. Brundage has practiced law for over three decades. He knows how to craft a strong defense strategy for individuals accused of sex crimes. Call 630-260-9647 for a free consultation.

Source:

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