Being accused of sexual assault, rape, child sexual abuse, or another sex crime can have life-changing consequences. If you were charged with this type of criminal offense, your personal reputation, career, and your very freedom may be on the line. If convicted, you could be looking at months, years, or even decades behind bars. You may also be required to register on the public sex offender registry. Developing a robust defense strategy is the best way to fight sex crime charges.

Avoiding Self-Incrimination by Refusing Police Interrogation

Many people do not realize it, but a strong defense strategy often starts before the criminal defendant even hires an attorney. If you have been accused of a sex crime, the best thing you can do to protect yourself is to remain silent. Do not answer police questions. The police may imply that you “must have something to hide” if you do not answer their questions, but this is only a tactic used to get you to talk. You have a Constitutional right to avoid self-incrimination. The best way to do this is to decline police questioning and ask for your lawyer.

Any type of sex crime is taken seriously throughout the United States. The Illinois Criminal Sexual Assault Act addresses multiple types of crimes, including sexual assault and sexual abuse. While the terms may seem similar in nature, assault and abuse are considered separate crimes in Illinois based on the circumstances of the offense. Both crimes can result in felony charges as well as mandatory inclusion on the sex offender registry. However, the details of the alleged crime will determine what further punishments -- such as the length of a prison sentence -- will be given out.

Sexual Assault Versus Sexual Abuse

The crime of sexual abuse results in less severe punishments than sexual assault because the crime is considered less extreme. Sexual abuse can be alleged if there is any unwelcome sexual behavior by a person against a victim. Typically, there does not need to be actual sexual penetration for the crime to be charged.

Conviction of a sex offense can lead to serious consequences. It may also require you to register as a sex offender. Learn what it means to be registered as a sex offender in the state of Illinois, including how it may impact your career and personal life, with help from the following information. You shall also learn how an experienced criminal defense lawyer can mitigate against the potential consequences of a criminal sex offense charge.

Who Must Register as a Sex Offender?

Individuals who are convicted of a sex offense are referred to by the justice system as criminal sex offenders. Anyone who falls under this classification is required to register as an offender. Duration of registration typically lasts for 10 years, but there are situations that could warrant a longer registration period. Adjudicated juvenile offenders may not be required to register on the public website, but their information may still be distributed to local schools and daycares.

While most people are aware that sex offenders must register, few really know what this means. They do not realize that it goes beyond simply having your name on a website that anyone can view. Several other restrictions are imposed. A sex offender cannot go within 500 feet of a school/daycare building or property, or near public parks. They must also report their internet activity and are banned from social media during parole, probation, and mandatory supervised releases.

Unconstitutional or a Necessary Evil?

Some might say such impositions are necessary to protect the public. Others believe the restrictions go too far and, in some cases, may be unconstitutional. For now, the law upholds all aspects of the sex offender laws as constitutional, including the mandatory reporting of all internet activity. Yet, as outlined in the following points, there are reasons to believe that both offenders and the public might benefit greatly from a more personalized criminal justice system.