Chicago Sexual Misconduct Lawyer
Criminal charges for sexual misconduct may arise from a variety of scenarios where you have authority over the alleged victim. Even if you engaged in what you believed to be consensual sex, you could still be charged with a sex crime – a felony – and face harsh punishment. Don’t let this happen to you.
If you’ve been charged, a Chicago sexual misconduct lawyer can help you obtain a positive resolution to your case. Call O’Meara Law now at 312-909-0706 for a free and confidential case assessment.
Elements of Sexual Misconduct
Sexual misconduct consists of a wide range of inappropriate acts forced upon another person without consent. This may include:
- Sexual Conduct – “Knowing, touching, or fondling by the victim or the accused, either directly or through clothing, of sex organs, anus, or breast of the victim or the accused, or 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.”
- Sexual Penetration – “Any contact, however slight, between the sex organ or anus of one person or an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration.”
In Illinois, there are two types of sexual misconduct that are committed by authority figures: custodial sexual misconduct and sexual misconduct with a person with a disability.
Custodial sexual misconduct occurs when a member of a penal system – such as a prison guard, probation officer, or employee of a detention facility – engages in sexual acts with someone in the facility’s custody, such as an inmate.
Sexual misconduct with a person with a disability is the act of having sex with a disabled person. This typically occurs between a caregiver and a disabled adult or child. Illinois criminal law defines a person with a disability as someone with either a developmental disability or a diagnosed mental illness.
Penalties for Sexual Misconduct
Custodial sexual misconduct and sexual misconduct with a person with a disability are Class 3 felonies punishable by two to five years in prison along with $25,000 in fines.
If you are convicted, you will face more than prison time and fines. You will likely have to register as a sex offender in Illinois (typically 10 years to life). In addition, you may have to contend with:
- Diminished employment prospects because of your criminal record
- Inability to get into reputable colleges or universities
- Disqualification from most professions requiring a license, or any job involving children
- Inability to receive some forms of welfare and housing assistance
- Revoked gun ownership rights
- For immigrants, likely deportation
How Can O’Meara Law Help?
Consent is not a defense in sexual misconduct cases where a difference in authority exists between the alleged victim and the perpetrator. The law doesn’t consider inmates and disabled persons as being capable of giving consent. Therefore, the successful defense of one such case will require the services of a skilled and experienced Chicago sexual misconduct lawyer. Attorney Michael O’Meara has over two decades of courtroom experience, both as a prosecutor and a criminal defense lawyer.
To learn more about your legal rights following a sexual misconduct accusation, call O’Meara Law for a free consultation at 312-909-0706.