I've handled all sorts of sex cases over the years, including cases that involve a child as the alleged victim.
There are several things that must be shown for a judge or jury to find an individual guilty of Predatory Criminal Sexual Assault of a Child. For the most basic form of Predatory Criminal Sexual Assault of a Child, there are three requirements that the State must prove beyond a reasonable doubt. First, it must be established that the accused is 17 years or older. Next, the State has to prove that there was contact between a sex organ or anus of one individual and a sex organ or anus of the other individual. Finally, the victim must be under the age of 13. If you are charged with Predatory Criminal Sexual Assault of a Child, you are facing a Class X felony with a sentence that can range from six to sixty years. There are also some additional factors that can add years to your sentence of simple Predatory Criminal Sexual Assault of a Child. If you commit the crime with a firearm but don't discharge it, you are looking at an additional fifteen years added to the sentence the court gives you. If you personally discharge a firearm while committing the crime, an additional twenty years will be added to your sentence. There are also some additional considerations that can lead to a longer sentence if the State can prove them beyond a reasonable doubt, such as if a firearm was used in the commission of the crime.
There are a variety of ways to fight a charge of Predatory Criminal Sexual Assault of a Child. If we establish that you under the age of 17, you cannot be convicted with Predatory Criminal Sexual Assault of a Child (though you may be convicted under another statute). If we can show that the victim is 13 years old or older, you will not be convicted with Predatory Criminal Sexual Assault of a Child. In addition, often the only evidence that the State can offer to prove that there was sexual contact with an accused's sex organ or anus and the victim's sex organ or anus is the word of the victim. Because children can be unreliable witnesses as they can misremember or misinterpret an event, this is something that a good defense attorney will explore.
If you are accused of committing an illegal sexual act, contact the skilled attorneys at John W. Callahan, Ltd. We have years of experience handling sex cases and will fight to bring you the result you want.
–Posted by John W. Callahan, Ltd.