Sex Crimes
Belleville attorney Lyndon P. Evanko represents people in southwestern Illinois who have been accused of any number of sex crimes, including:
- Solicitation
- Public indecency
- Sexual exploitation of a child
- Custodial sexual misconduct
- Presence within school zone by a child sex offender
- Contacting a child within certain places by a child sex offender
- Prostitution, including soliciting, patronizing, pandering, and pimping
- Obscenity
- Child pornography
- Traveling to meet a minor
- Sexual assault and rape
Criminal sexual assault (rape) includes sex by the use of force or threat of force, sex upon someone who was unable to consent to the act, sex with a family member who was under 18 years of age, sex with a person between the ages of 13 and 18, if the accused was 17 or older and held a position of trust, authority, or supervision in relation to the victim. Criminal sexual assault is a Class 1 felony, meaning that punishment upon conviction ranges from 4 to 15 years in the penitentiary. There are also many ways in which the offense can be upgraded to a Class X felony, with penalties ranging from 30 to 60 years in prison, or even life imprisonment; these enhancements are mostly confined to repeat offenders with prior convictions for similar crimes.
There are also ten statutory aggravating factors which can qualify the offense as aggravated sexual assault, such as the use of a firearm, endangering life, the use of a controlled substance (drug), or if the victim was physically or severely mentally handicapped, 60 years of age or older, or under 13. Aggravated criminal sexual assault is a Class X felony.
The offense of criminal sexual abuse does not require actual sexual penetration, but includes any acts of sexual conduct committed by the use or threat of force or upon a victim who was unable to consent or understand the nature of the act. Sexual conduct is defined to include touching or fondling of a sexual nature.
Freely given consent is a defense to assault offenses. The lack of resistance or submission by the victim, or the victim's manner of dress, do not by themselves constitute consent. Moreover, consent that was freely given may be withdrawn at any time. Regarding offenses that are crimes because the victim was under 17 years of age (statutory rape), it is a defense if the accused reasonably believed that the person was 17 years old or older.
Lyndon P. Evanko understands the devastating ramifications of being accused of a sex crime, as well as the serious loss of liberty generated by a conviction. Mr. Evanko believes that every person has a right to an effective legal defense and works to provide his clients with the best possible outcome, given their circumstances. If you have been arrested and charged with a sex crime, or if you are under suspicion and are being investigated for a sex crime, contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 for a free consultation.
