Sex Crimes

January 13, 2016

The Culture of Rape: When is it Rape and When is it Something Else?

by Law Offices of David L. Freidberg, P.C.

Rape and sexual assaults are crimes punishable by long prison sentences and with the “Mark of Cain” following the accused for the rest of his or her life. It can be a destroyer of reputations, and sometimes, of life. But what happens to the accused when the accusation proves to be false?

Rape and Rumors of Rape

In 2014, Rolling Stone Magazine published a story about a horrific 2012 gang rape of a University of Virginia freshman. The article was supposed to expose underreported rape and sexual assaults on campuses and what, if anything, college administrators and society as a whole was doing about it. Members of the fraternity where the alleged rape was supposed to have taken place were all painted with a broad brush as “rapists.” Conversations and debates about this problem went viral, but as it did, more and more people began to question certain facts about the case and the real motive behind Rolling Stone Magazine’s reporting of it. Under intense scrutiny, the facts, or lack thereof, that precipitated the writing of the article eventually fell apart, and Rolling Stone Magazine retracted the story. Its editor left the magazine with the dark cloud of journalistic malpractice following him out the door. See NewYork.com for details about this story.

January 1, 2016

Your Right to Counsel is Protected by the Constitution

by Law Offices of David L. Freidberg, P.C.

Pop quiz: If suspected of committing a crime such as sexual assault, when should you talk to an attorney, before or after interrogation? Some people charged with a crime think they know the answer to this question, but sadly, many find out too late that they did not.

Police officers are required to advise you of your Constitutional “right to counsel” (Mirandized) before they start questioning you after an arrest. If you state at any time during the process that you want to exercise your right to counsel, the interrogation must stop and you will be permitted to talk to your attorney. If you do not ask to speak to an attorney, the interrogation will continue and anything you say can be used against you during a trial, if any.

There are some crimes that carry with them such a stigma that once accused, the taint sticks whether the accusation can be proven or not, such is the accusation of “sexual assault.” Notwithstanding the fact that there are many actual, provable cases of criminal sexual assault, for instance, the case where the Rabbi admitted sexually assaulting a young boy who was member of his synagogue (see DNAinfo.com), there are far too many where the accusation, without more, becomes the basis for the conviction.

December 4, 2015

Public Indecency in Illinois

by Law Offices of David L. Freidberg, P.C.

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Public indecency in Chicago is a complicated and serious criminal charge. The penalties and other consequences you face will depend on the circumstances surrounding the incident. In most cases, the crime of public indecency is a Class A misdemeanor in Illinois. The gist of being charged with public indecency is that you exposed yourself in a public place. If you are convicted of public indecency, you face up to a year in jail, and a maximum fine of $2500. The most problematic part of being charged with public indecency is that it is considered a sex crime, and in some situations, those convicted of public indecency will have to register in Illinois as a sex offender, after serving whatever sentence is imposed by the judge. Any person who is under the age of 16 cannot be prosecuted for public indecency, although they can face charges of disorderly conduct for behavior that would be charged as public indecency in an older person.

Elements of a Public Indecency Charge

December 2, 2015

What Makes a Sexual Assault “Aggravated” in Chicago?

by Law Offices of David L. Freidberg, P.C.

Being charged with sexual assault in Illinois is serious, and if you are convicted of sexual assault, you face some of the heaviest penalties levied for any crime in the state. There are several categories of criminal sexual assault in Illinois, and although they all carry the potential for severe penalties, some are worse than others.

What is Criminal Sexual Assault?

Criminal sexual assault in Illinois, or rape, is charged when an individual commits an act of sexual penetration against another person without their consent. Criminal sexual assault is also charged in cases where the victim is not able to give consent, such as when the victim is intoxicated, mentally disabled, underage, or otherwise legally unable to give consent to have sex.

November 4, 2015

What Happens if You Fail to Register as a Sex Offender in Illinois?

by Law Offices of David L. Freidberg, P.C.

Illinois is extremely hard on those convicted of sex crimes. In many cases, the law requires those convicted of sex crimes to register on the Illinois Sex Offender Registry, which is a public database. For any number of reasons, people fail to register or renew their registration, sometimes through no fault of their own. So, what happens if you do not register?

Failure to Register as a Sex Offender in Illinois

Failing to register as a sex offender in Illinois, or failing to renew your registration, means you can be charged with a Class 3 felony. If it is the second or subsequent time that you failed to register as a sex offender, or failed to renew your registration as a sex offender, then you can be charged with a Class 2 felony. This means that you will be required to spend a minimum of seven days in jail and pay a minimum fine of $500, although a Class 2 felony could carry a sentence of three to seven years.

October 2, 2015

2014 Champaign Officer of the Year: A Sexually Dangerous Person?

by Law Offices of David L. Freidberg, P.C.

Jerad Gale, chosen as “Officer of the Year” for the Champaign Police Department, has been arrested for raping and strangling two different women. Since his arrest, another victim and a former girlfriend have come forward alleging similar crimes were committed against them by Gale, and he faces those charges as well. He was also accused of sexual assault in 2007, but was unable to be prosecuted due to a three-year statute of limitations. Somehow, he was awarded the Officer of the Year honor in spite of this. He is not likely to repeat that award, and in fact, prosecutors are trying to have him named a “sexually dangerous person.”

What is a “Sexually Dangerous Person” in Illinois?

The Illinois Sexually Dangerous Persons Act (“The Act”) defines “sexually dangerous persons” as all persons suffering from a mental disorder for longer than a year who have also “criminal propensities” to commit sex offenses and have either committed prior acts of sexual assault or sexual molestation of children. Pursuant to this definition, the prosecutors in this case are seeking a designation of “sexually dangerous person” for Gale, and his motion to dismiss the petition has been denied.

September 30, 2015

When Young Love Requires a Criminal Defense Lawyer

by Law Offices of David L. Freidberg, P.C.

The legal age of consent for sexual activity in Illinois is 17. This means that voluntary sexual conduct with a person under the age of 17 cannot be consensual under the law under any circumstances. Put another way, it is not possible for anybody under the age of 17 to legally consent to any sexual conduct. Sexual conduct is defined as touching the sex organs of another person. This makes it possible for two 16-year-olds who engage in “heavy petting” to be found guilty of a crime in Illinois and to end up on the Illinois sex offender checklist.

Illinois Age of Consent Laws

Under Illinois law, when a person under 17 years of age commits a sexual act with another person who is under the age of 17, both parties are guilty of criminal sexual abuse. So, in the example above, if the parents of both teenagers complain to the police, both teenagers would be arrested and charged with criminal sexual abuse.

September 9, 2015

Prostitution in Illinois

by Law Offices of David L. Freidberg, P.C.

Prostitution and any acts related to prostitution are crimes under the Illinois code. Some prostitution-related crimes even require registration as a sex offender. If you are charged with a prostitution related crime in Illinois, consult an experienced attorney for guidance.

What is Prostitution?

In Illinois, performing, agreeing to perform, or offering to perform any sexual act in exchange for anything of value is considered prostitution. In most cases the charge of prostitution is a Class A misdemeanor. However, if you are charged with prostitution within 1000 feet of a school zone, or if it is your second or subsequent prostitution conviction, you will be charged with a Class 4 Felony.

September 3, 2015

Expungement of Sex Offenses in Illinois

by Law Offices of David L. Freidberg, P.C.

Many people who have been convicted of a sex crime in Illinois wonder whether the offense can be expunged. There are limited circumstances in which this is possible, but it can occasionally be done. As each situation is different, it is important to consult an experienced attorney for guidance in getting your conviction expunged.

What is a Sex Offense in Illinois?

Under Illinois law, a sex offense is a crime that involves sexual misconduct. This includes assault, child pornography, statutory rape (even if the alleged perpetrator is under the age of consent at the time as well), and others. If you are convicted of a sex offense in Illinois, then you will be considered a sex offender by the state of Illinois, and you may even have to register as such for a minimum term of 10 years on the Sex Offenders Registry.

August 26, 2015

Are You Facing Registration as a Sex Offender?

by Law Offices of David L. Freidberg, P.C.

There are many crimes in Illinois for which if you are convicted (or found not guilty due to insanity), you are required to be a registered sex offender for a minimum period of ten years. This is a serious punishment, and if you are facing such a penalty, you need quality legal representation to protect you and advocate for your legal rights.

What You Need to Know

Crimes that may require future registration as a sex offender range from rape and murder of a child to indecent exposure (public indecency). Public indecency is obviously not punished as seriously as a violent sexual assault, yet the sex offender registry does not make any distinctions. Therefore, a person could theoretically be charged with public indecency for urinating in public, or charged with false imprisonment for improperly detaining a juvenile for suspected shoplifting, and could still be facing inclusion on the same sex offender registry as someone found guilty of rape and murder.