Gurnee Sexual Assault Lawyer

Providing Defense For Individuals Accused Of Sexual Assault

Sexual assault is one of the most disturbing crimes to find yourself accused of. Even the accusation alone can ruin your reputation - whether it is truthful or not - unless certain steps are taken. There is a lot at stake in a prosecution for sexual assault. The consequences can be life-ruining for you and, in some ways, your closest loved ones. If you are convicted in court, the consequences can be quite severe. You are likely facing a long term of incarceration, in addition to being forced to register as a sex offender. Courts generally treat this type of crime very harshly - there is almost no possibility of getting probation instead of prison. However, being arrested and being convicted are not the same thing. The prosecution still has to prove that you are guilty beyond a reasonable doubt in a fair trial where you have the right to be represented by an attorney who can raise a defense.

Brady Cole Trial Lawyers is experienced in helping people who are facing sexual assault charges. We understand the stakes in these situations, and we are prepared to go the extra mile to protect your rights and your future prospects. The position you are in can be frightening. Our attorneys will do everything we can to build the strongest defense possible. We believe that everyone is entitled to an excellent defense, no matter what they have been accused of. After years of experience as criminal defense attorneys, we know that a significant portion of people accused of sexual assault are not guilty. We fight for every client, ensuring that they are treated fairly under the law.

Understanding Potential Defenses Against Sexual Assault Charges

In both Illinois and Wisconsin, the legal term "sexual assault" is used to refer to the crime of rape. Sexual assault is a serious felony. It is among the most serious of sex offenses. It is far more serious than other forms of assault, and it will likely be treated more harshly even than violent crimes. Both states define sexual assault as an act of sexual penetration without the victim's consent. This is what the prosecution must prove.

There are generally three ways that criminal defense attorneys go about defending those accused of sexual assault. The first is to argue that there was no penetrative act. However, the lack of a penetrative act does not relieve you of all criminal liability, since sexual assault charges may also apply if any sexual conduct allegedly occurred without the victim's consent. You could still be liable for a lesser form of sexual battery.

The second way to fight back against a sexual assault charge is to argue that while penetration did occur, the victim consented to it. This can be a very tricky endeavor. It is nearly impossible to prove that a victim agreed to the sex act, but the burden of proof is on the prosecution - they must prove that the victim did not consent.

Sexual assault cases often hinge on whether the victim consented. Factors that are often considered during sexual assault trials include:

• How intoxicated the victim was at the time of the sex act and whether they were capable of providing consent.
• Whether the victim has any disabilities that may prevent them from giving meaningful consent.
• Physical injuries experienced by the victim, if any.
• Any evidence that the victim was coerced into engaging in sexual conduct through means other than violence.

These are just a few of the factors that are likely to come into play should your case go to trial.

Finally, the third way attorneys may approach sexual assault defense is by attempting to show that the alleged sexual encounter never happened. This is most likely to succeed if there is clear evidence that part of the victim's story cannot be true. For example, if you have a strong alibi showing that you were not with the victim at all on the night of the alleged offense, your charges may be dismissed.

Our attorneys will carefully review all the evidence available in your case so that we can design the best defense possible.

Contact a Lake County Sexual Assault Defense Attorney

If you are facing sexual assault charges, Brady Cole Trial Lawyers can offer you a highly skilled team of lawyers who will do everything possible to guard your rights and future. To begin with a free and confidential consultation, please contact us at 847-752-9639.