Chicago police have charged a 31-year-old man with sexual assault. The suspect is accused of coming up behind the woman and groping her before running away. The incident occurred while she was trying to enter a nearby apartment. The woman had arrived in Chicago from out of town to visit friends. The suspect has been charged with aggravated criminal sexual assault, unlawful restraint, and another count of aggravated robbery.
The incident occurred on July 8th. The suspect was not apprehended immediately, leaving residents of the Lincoln Park neighborhood in fear. The suspect was later taken into custody the following day when surveillance images identified him as the 31-year-old culprit. Police released images of the suspect from a CTA station.
Aggravated Criminal Sexual Assault
Aggravated criminal sexual assault is an escalation of the basic sexual assault statute. The accused can be convicted of aggravated sexual assault if they meet the criteria necessary for sexual assault and commit any of the following aggravating factors:
- The accused was under the age of 17, and the victim was under the age of 9 and committed an act of sexual penetration
- The accused was under the age of 17 and the victim was between 9 and 13 years of age, and an act of sexual penetration occurred
- The accused acted in such a manner that endangered the life of the victim
- The accused caused bodily harm to the victim
- The accused used or threatened to use any weapon other than a firearm
- The sexual assault occurred during the commission of another felony
- The victim was 60 years of age or older when the assault occurred
- The victim was physically handicapped or disabled
In the case mentioned above, the police are accusing the suspect of committing a robbery during the sexual assault. That would, if provable, qualify the accused for an aggravated criminal sexual assault charge. However, there is scant evidence that the accused attempted to rob the victim at the time of the sexual assault. The accused apparently ran off after groping the victim. So, it does not quite sound as though the prosecution would have enough evidence to charge the suspect with aggravated sexual assault.
Aggravated criminal sexual assault is considered a Class X felony under Illinois law. Class X is the most serious form of felony you can face. It is punishable by a minimum sentence of six years in state prison and a potential maximum of 30 years. The accused is also facing other charges. Depending on the quality of the victim’s testimony, the accused could reduce their charges to the base-level offense of sexual assault. The police would still need to establish that a robbery occurred or was about to occur. All of the evidence will come down to the testimony of the victim who ID’d the suspect from the surveillance video.
Talk to a Chicago Criminal Defense Attorney Today
David Freidberg represents the interests of those accused of serious crimes such as criminal sexual assault. Call our office today at (312) 560-7100 to set up an appointment and we can begin preparing your defense immediately.