Articles Posted in Sex Crimes

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A McHenry County, an Illinois judge sentenced Oliver Woodstock to 36 years in prison this week for three counts of sexual assault. A jury found Woodstock guilty in February on one count of sexual assault. He entered into a plea agreement with prosecutors in March; in exchange for prosecutors dropping five additional cases against him, Woodstock would plead guilty to two additional charges of sexual assault. Prosecutors also agreed not to file any more charges against Woodstock if they uncovered additional victims in video recordings seized from his home.

The Woodstock case is unusual in that the victims were all prostitutes whom Woodstock had paid for services prior to the assault.

Illinois Craigslist Rapist

Woodstock was originally charged with sexually assaulting eight women, each of whom he had met on Craigslist and other online dating sites, with the intent of paying them for sex. Woodstock did, in fact, pay the women. According to trial testimony, what began as a consensual encounter quickly turned ugly.

Two women testified to similar stories at trial. Woodstock picked them up and brought them to his home, where he immediately escorted them to his basement. The women testified that Woodstock threatened to report them to the police as prostitutes, and became violent before escorting them upstairs to his bedroom, where he videotaped the sexual assault. The women could be heard saying “No” on the video recordings, and repeatedly asked Woodstock to stop because he was scaring them. Woodstock could be heard telling the women that he didn’t have to stop because he “paid them.” He also threatened to “hunt them down,” as he had their license plate numbers, if they reported the assault to the police.

Withdrawal of Consent as Defense to Rape

The defense argued that the encounter was a business transaction. The woman was a prostitute who was paid for sex, and thus the encounter was consensual. Because consent is always a defense to rape, Woodstock did not in fact commit sexual assault. Instead – for whatever reason – the woman changed her mind at some point during the encounter and decided to claim it was rape.

In some cases though consent can be withdrawn. In Illinois, consent can even be withdrawn while the sexual act is being committed.

In this case, it was clear from video recordings that the woman had withdrawn her consent to the sexual encounter: she repeatedly asked him to stop, and she indicated that she was afraid of him. In addition, he repeatedly threatened to report the woman to the police for prostitution. (Though not raised in this case, the argument could be made whether that threat was one that should have been taken seriously. Had Woodstock reported the woman to the police for prostitution, he would be placing himself in jeopardy of being charged with solicitation as well).

Had the above been a single isolated incident, the defense may have been able to convince the jury that consent was not withdrawn, but that this was a case of “buyer’s remorse.” But the prosecution had eight different women who testified to similar stories – and because Woodstock had recorded the sexual encounters, it also had the evidence to back the women up. In this case it was the pattern of behavior the videos documented – violence, threats, and each woman asking him to stop – that helped sway the jury that although the encounter started off consensual, that consent was ultimately withdrawn, making the encounter a sexual assault. Continue reading

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A Chicago man who teaches GED and adult literacy classes to Cook County Jail inmates has been charged with custodial sexual misconduct for allegedly having sexual intercourse with a female detainee on two occasions this past January. Both the defendant and the detainee were over the age of 18. While there does not appear to be allegations that the sex was not consensual, Illinois law prohibits consent to intercourse as a defense in custodial situations. However, that does not mean that the defendant has no chance of having the case against him reduced or dismissed.

Custodial Sexual Misconduct in Illinois

Illinois law prohibits employees of any penal system or treatment and detention facility from engaging in any type of sexual conduct or penetration with a person who is in the custody of either facility. The law states that a prisoner or detainee is deemed incapable of consenting to the sexual conduct. Conviction under this statute is a Class 3 felony, which carries a possible penalty of 3-5 years in prison and up to a $25,000 fine.

Defense against Custodial Sexual Misconduct in Illinois

As already discussed, consent is not a defense to a charge of custodial sexual misconduct. But an experienced sex crimes attorney knows how to find the flaws in the prosecution’s case to get the charges reduced or dismissed.

Illinois law does allow as a defense to custodial sexual misconduct that the defendant “has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.” The class the defendant taught in this case had voluntary attendance, which means he likely did not have a class roster of inmates who would be in attendance. If the inmate came to class in civilian clothes and claimed that she was a Cook County jail employee, the defendant would have had no way to prove that she was lying, as he had no class list to check. An experienced criminal defense attorney would examine all of the circumstances, including the inmate’s actions, demeanor and clothing, to determine whether the defendant should have known she was an inmate.

It is also always a defense to any sexual assault charge that no sexual conduct took place, or in other words, that the alleged victim is lying. If none of the defendant’s DNA was found on the inmate, and if there was no other physical evidence indicating that any type of sexual conduct happened, the case would come down to he said/she said. In these cases, a criminal defense attorney would want to:

  • interview all potential witnesses;
  • interview anybody who knew the alleged victim, particularly prison employees who interacted with her on a daily basis;
  • review any of the alleged victim’s treatment or prison notes; and
  • review her criminal record, including the conviction that sent her to jail.

The purpose of this extensive review of the alleged victim’s background would be to see if she had made similar accusations against prison officials or others in a position of authority in the past; if she had a history of lying, or; if she had had any prior trouble with the defendant over attending the class. All of these could point to her having made up the story of sexual misconduct either to get back at the teacher for a prior slight – perhaps him rebuffing her advances – or as a pattern of past behavior. Proving that the alleged victim made the story up would result in an acquittal. Continue reading

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A new bill introduced in the Illinois legislature would extend the statute of limitations in some rape cases. Senate Bill 2609 seeks to change when the statute of limitations in rape cases begins to run. Current law provides that the statute of limitations in rape cases begins to run on the date the alleged rape occurred, if the alleged victim reported it to police within three years. If you are being investigated for, or have been charged with, committing rape, contact an experienced sexual assault attorney immediately.  depressed-girl-1030147-m

Proposed Changes to Illinois Sexual Assault Statute of Limitations

If the new law is enacted, the statute of limitations would begin to run on the date the police processed DNA evidence from the rape kit. The new law is in response to a case in which the alleged victim submitted to a DNA rape kit. By the time the police processed it, the 10-year statute of limitations had expired, and the prosecution was unable to file charges against the alleged rapist. The bill’s sponsor argues that victims should not be denied justice due to police mistakes, whether caused by a lack of competency or a backlog of cases.

Effect of Statute of Limitations Extension in Illinois Rape Cases

If SB 2609 passes, it will likely have little effect on the prosecution of rape cases. The case that spurred on the new law is no doubt a one-time case of severe police ineptitude not likely to be repeated, even if the police do have a backlog of rape kits to process. Even though opponents of the law say it does not give the police incentive to process DNA rape kits, since they know charges can be filed no matter how much time has passed between the date the alleged rape occurred and the date they final process the kit, the embarrassment over this case should keep them honest.

Passage of SB 2609 will have no effect on how the Chicago Law Offices of David L. Freidberg, P.C., will defend against sex crimes cases. Rape kits and DNA evidence are not the bombshell evidence the prosecution and media would have you believe. The rape kit only confirms whether the alleged victim and alleged rapist had sexual intercourse. If the DNA results from the rape kit show that the alleged rapist did not have sex with the alleged victim, then the charges will be dropped. And if the DNA results show that the two did have sex? Well, that’s all it shows.

Evidence of sexual intercourse is just that – proof that two people had sex. It is not evidence that a rape occurred. If the sex was consensual and no protection was used, of course the rape kit would find the alleged rapist’s DNA on the alleged victim. If it shows scratches, abrasions or other marks on or inside the victim, that still is not evidence that a sexual assault occurred.

David L. Freidberg has an arsenal of forensic experts who can examine the results of a DNA rape kit to determine whether there’s any possibility that the sample was improperly tested or not large enough for an accurate result. They can also testify to any number of harmless, non-assault reasons why marks or abrasions on the victim could have occurred, either during consensual sex or during the victim’s normal daily activities. Continue reading

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One of the worst crimes you can be charged with in Chicago is criminal sexual assault, or rape.  Not only does it create a stigma against the person charged, but often results in lengthy prison sentences and lifetime registration as a sex offender.

You may have read in the Chicago Sun Times about the case regarding Carl Chatman.   Mr. Chatman was charged with criminal sexual assault, or rape, by a woman in Chicago.  Mr. Chatman was not only convicted of the charges but sentenced to thirty years in the Illinois Department of Corrections as a result.  Another notable case regarding Edward Szymczak would have had a similar result if he had remained in Chicago for his trial.

Fortunately the prosecutors eventually reviewed the evidence in Chatman’s case and his rape conviction was thrown out, and he was released from prison after 11 years in custody.  Eleven years in custody for a crime Chatman did not commit.  At the same time, prosecutors said they were reviewing the woman’s earlier allegations of rape against Szymczak but had not yet reached a conclusion.

These cases bring up the issue of the accusers and their statements.  How is it that someone can cry rape falsely, an innocent person is charged with a crime, his reputation is ruined and he is sent to prison?  All because someone made a false claim.  And nothing happens to the accuser.

It is an abomination of justice.  The State of Illinois is currently reviewing these practices and possibly deciding what, if anything, an accuser can face.  Many people believe that the accuser should face the same penalties as the accused.  If the accused is facing up to thirty years in prison, so should the accused, that is how serious this is. Continue reading

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By now most of you have heard of these Chicago sexual assault charge allegations regarding Maine West High School in Des Plaines, Illinois.

According to reports, during a September 2010 campus run for the soccer team, four soccer players have said that they were sexually assaulted during a hazing ritual.  As of August 26, 2013, a fifth member of that soccer team has now filed a lawsuit in the Cook County Circuit Court.  More lawsuits are expected.  images

According to ABC 7 News, the attorney for the latest victim, Tony Romanucci has stated:  “It’s unfortunate now that Maine West has become the national poster child for hazing, sexual abuse and scandal regarding sports in the United States.”

Romanucci says Maine Township administrators have known about hazing at Maine West for several years but did nothing to stop it. The lawsuit names the district, principal, and fired soccer coaches Michael Divincenzo and Emilio Rodriguez. Divincenzo faces criminal charges of battery, hazing and failure to report abuse.

“Had enforcement been completed and done in 2008, we wouldn’t be here today,” Romanucci said.

These allegations a reminiscent of the 2011 scandal and charges filed against longtime assistant coach Jerry Sandusky.  Sandusky was charged with criminal sexual assault of at least eight underage boys on or near university property, and alleged actions by some university officials to shove under the rug these incidents.

In each of these cases, the higher-ups within the school system knew or should have known of these alleged attacks but did nothing to thwart them.  The fact that hazing has occurred for a number of years and become part of the educational system does not make it right or status quo.  High schools and universities exist to nurture and educate the young members of our society.  Additionally, they are there to protect them, not to punish and humiliate them.  Continue reading

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It is always a shock to hear about a friend or family member who has been arrested.  While we assume that our friend will be treated as “innocent until proven guilty”, this is not necessarily the reality in every situation.  Many times, police officers and detectives alike will take advantage of a person’s lack of experience with the criminal justice system, which could lead to the inadvertent disclosure of incriminating information.  Moreover, they also regularly fail to inform people as to the full scope of their rights, including their right to have an attorney present during various stages of the legal process (i.e. during interrogation and police line-up, etc.).  If you find out that someone you love has been arrested, it is crucial to consider the following steps to help them protect their legal rights:

  • Obtain as much information as possible. The first thing you need to do is to find out where your loved one is being held.  If he or she doesn’t know, then contact your local police department to see if they can help you locate them.  When you speak with your loved one, find out what the charges are but do not allow them to tell you what happened. Your phone conversation could be recorded and held against your loved one later on.
  • Encourage your loved one to remain silent and to request an attorney. Don’t let your loved one make any statements or submit to any tests without the presence of an experienced Chicago criminal defense attorney.  Also, it is important to advise the police officer or detective to not speak with your loved one until his or her attorney is present.
  • Take detailed notes.  Be sure to write everything down, including the time that you were informed of your love one’s arrest and thereafter.  This will not only help you keep things straight during this stressful time, it will also help your loved one’s attorney get the facts and start working on your defense.
  • Find a competent criminal defense attorney.  As soon as you find out that your loved one has been arrested, it is crucial to find an experienced criminal defense attorney to help protect their legal rights.  Do not hire the first attorney that comes along.  Make sure that the attorney with whom you meet is familiar with the criminal justice system and, who knows the judges and applicable court of your jurisdiction.  Having this level of familiarity can make a huge difference in your case.
  • Post bond.  In most cases, a criminal judge will determine the appropriate amount of bail following your loved one’s arrest.  Specifically, bail guarantees that your loved one will appear in all court proceedings following his or her release from jail.  Jail bonds are available to cover the bail amount, get your loved one out of jail, and enable them to seek immediate legal representation.
  • Be wary of any deals that are offered, including those that seem too good to be true.  Many times, various people involved in the interrogation process will attempt to make promises in order to influence your loved one to talk.  However, it is crucial to realize that these individuals may not actually possess the requisite authority for their promises to hold any weight.  With this in mind, do not accept any plea bargains or promises until an attorney has become involved in your case.  He or she will certainly be able to “see through” these unfair police tactics and guide you accordingly. Continue reading
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