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Date rape is a serious crime in Chicago. Prosecutors will fiercely pursue those accused of date rape, which means that any person facing allegations of this crime must have a skilled attorney by their side. At Okabe & Haushalter, our Chicago date rape defense attorneys have extensive experience handling these cases. We are ready to use our resources to build a solid defense on your behalf.

Date rape is any sex crime that occurs between acquaintances or friends, as opposed to the traditional idea of “rape” occurring between strangers. Though this called “date” rape, the criminal act does not necessarily have to happen on a date. This can also occur between two people in an ongoing relationship, between friends, or between two people who were previously in a relationship together. These charges do often originate after a party or a date, and drugs and alcohol regularly play a role in the alleged crime.

CHICAGO SEX CRIME LAWYER

Statistics regarding date rape report that nearly 40% of all victims know their offenders. This is particularly true in situations involving date rape, or acquaintance rape. Charges of date rape typically occur when a victim alleges that another person used force, intimidation, or threats as a means of coercion and of engaging in non-consensual sexual activity. Date rape can also entail situations during which a victim is allegedly drugged or intentionally intoxicated. These charges also usually involve casual acquaintances, friends, and domestic partners, among others.

As with any type of sex crime allegation, the repercussions that can arise from accusations alone can prove detrimental to an individual’s personal and professional well-being. The most significant consequence, however, is that many alleged offenders face strong and pungent public opinion that can affect the ways in which their legal proceedings are conducted. As such, it is of the utmost importance that anyone accused of date rape has aggressive and unyielding legal advocates by their side to ensure that their rights are protected and that cases proceed in a fair and unbiased manner.

Beyond strong and unsavory public opinions that can infiltrate the legal process, cases involving date rape may also involve a number of legal complexities. These can include difficult relationship situations, the presence of alcohol or drugs, and a number of other elements. In order to successfully deflect claims and have charges dismissed or significantly reduced, our team of Chicago criminal defense attorneys sift through every fact surrounding cases and stop at nothing to defend our clients.

What laws pertain to date rape in Chicago?

Any person charged with date rape will typically face charges of criminal sexual assault under 720 ILCS 5/11-1.20 or an aggravated criminal sexual assault under 720 ILCS 5/11-1.30.

  • A person convicted of criminal sexual assault in Chicago could face between 4 and 15 years in prison.
  • A person convicted of aggravated criminal sexual assault in Chicago could face between 6 to 30 years in prison.

A person convicted of date rape will also be required to register as a sex offender in the state of Illinois. This will significantly impact a person’s freedom and future. Convicted sex offenders remain under constant scrutiny by law enforcement officials and regularly have trouble finding places to live, work, or attend school.

Defining date rape in Chicago

Because date rape often occurs between two people that know one another, many people tend to assume that the charges and penalties are not as serious. However, date rape is charged just like any other rate under sexual assault laws. A person can face criminal sexual assault charges if an act of sexual penetration has occurred and the perpetrator:

  • Threatens or uses force
  • Knows that the victim is unable to provide consent
  • Is a family member of the victim and the victim is under 18
  • Is 17 years of age or older and has a position of trust, authority, or supervision in relation to a victim aged 13 to 18

In order for the crime to be elevated to aggravated sexual assault, the perpetrator will have had to:

  • Display or threaten to use a dangerous weapon
  • Cause bodily harm to the victim
  • Sexually assault a physically disabled victim
  • Deliver a controlled substance to the victim without their consent or by threat or deception
  • Be armed with a firearm

A full list of the aggravating factors that elevate sexual assault to aggravated sexual assault can be found in the text of the actual law in Illinois.

FIGHTING FOR YOUR RIGHTS

Our unyielding criminal defense attorneys fight for the rights of our clients from the moment they choose to work with our firm. The potential penalties and complications that can arise during cases require experienced and aggressive legal advocates who have proven themselves capable of handling cases as complex as date rape allegations. Our firm’s professional achievements and awards are extensive, and collectively they mean one simple fact: we fight to win. Contact Okabe & Haushalter to discuss your case with a member of our legal team.