DuPage County Rape Defense Lawyer

Experienced Rape Defense Lawyers in Woodridge

Rape charges are one of the most severe criminal charges that an individual can face. In DuPage County, these charges can be filed as a result of many different circumstances, but for the person accused, the serious implications cannot be overstated.

Rape is almost always prosecuted as a felony, which means mandatory jail or prison time, and usually large fines. Beyond the judgment in court, if you’ve been accused of rape, the emotional and social repercussions are also significant.

If you’ve been charged with rape, you need an experienced Woodbridge rape defense attorney to help defend your rights. You are entitled to face your accuser and present evidence in your defense. A rape charge can decimate your personal life, family relationships and your career prospects.

Woodridge Rape Defense Attorney for All Types of Rape Accusations

We Protect You Even in the Most Challenging Circumstances

Our rape defense lawyers in Woodridge have successfully handled all types of rape cases, and we’re familiar with court proceedings. The process can vary, based on the nature of your charge, and we’re equipped to help you through it.

We understand how law enforcement agencies and specialized sex crime divisions establish substantial evidence to support the accuser’s case and how they attempt to leave no stone unturned.

Our legal defense team conducts our own investigation, with expert testimony as needed, and independent, thorough investigators to gather evidence on your behalf. We use our findings to prepare a detailed, meticulously researched defense to address all the points of the prosecution’s case.

Our strategies are tailored to the unique circumstances of each client’s case, taking into account your charges and how to address them. We’ll defend you if you’ve been accused of:

• Statutory rape (under the age of consent)
• Sexual assault
• Date rape or acquaintance rape
• Rape including aggravating circumstances.

You should understand that if you’re accused of rape, aggravating circumstances may add to the charges you face and applicable penalties. Your DuPage County rape defense lawyer can help you understand the additional charges and help build a case to mitigate them.

For example, if you have a criminal history or were accused of having a dangerous weapon, like a knife or a gun, when the incident occurred, you may face elevated charges. Or, if the accuser is claiming they suffered injuries in addition to the rape, you could be charged with these, as well.

Defending even the most complex cases and circumstances is something that the Wolfe & Stec rape defense lawyers are experienced in.

What Is Considered Rape in Illinois?

In Illinois, the crime of rape is defined as committing unlawful sexual penetration or intercourse with another person without their consent, typically through intimidation or force. Lack of consent covers several things, including the person’s inability to consent due to the influence of alcohol or drugs, inability to consent because they are a minor, or when there is a significant power imbalance (such as clergy sexual assault).

When an individual accuses someone of rape, the police will request physical evidence from the accuser, collected by medical professionals. The police will also pursue evidence collection from the person or persons the accuser names as the offender.

Different Types of Rape

While Illinois defines rape as a specific sexual act, the law classifies rape into different categories in terms of severity and the relationship between the person accused of rape and the victim and the particular actions involved.

• Date rape – forced, non-consensual intercourse with a date, friend, or acquaintance
• Spousal rape – forced sexual behavior through physical force or physiological or emotional abuse
• Statutory rape – intercourse between a legal adult and a minor under the age of 17 (IL age of consent)
• Stranger rape – when the victim doesn’t know the identity of the perpetrator
• Gang rape – with two or more participants in unwanted intercourse
• Aggravated rape – an especially violent rape, one with an unconscious person or a child under 9
• Family rape – occurring between two closely related people, also known as incest.

Sexual assault and rape come in many forms, and each category may have a different penalty under Illinois law. Your rape defense attorney will explain the penalties for the type of rape you are accused of.

What Should I Do If I’ve Been Accused of Rape?

If you’ve been accused of or charged with rape, it’s natural to feel angry and upset. You may want to defend yourself and your reputation or argue with the accuser that they made a mistake.

However, once you’ve been accused of rape, your best course of action is to contact a reliable DuPage County rape defense attorney, like those at Wolfe & Stec, at 630-305-0222. Anything you say after the accusation may be used as evidence against you by the prosecutor and police.

In addition to hiring a criminal defense attorney as soon as possible, there are other steps you can take to protect yourself and mount a proactive defense.

First, gather evidence for your lawyer, including anything related to the sexual encounter. Take photographs of physical evidence, and copy or screenshot any conversations between you and the accuser for your attorney.

Second, gather contact information from possible witnesses. These may be people who were present when you had interactions with the accuser or people who can speak to your good character.

Often, when the circumstances of a sexual encounter are unclear, having witnesses speak on your behalf can help your case.

What Is the Potential Defense to Rape Charges for a Rape Defense Lawyer?

“How can you help me?” is one of the most common questions people ask their sex crimes attorney. We look first at any motive for a false allegation. Although they are somewhat rare, there are cases where the defendant is simply accused of something they didn’t do.

Other than looking at the chance of a false allegation, your defense team will also explore other defense options, depending on your situation:

• Consent defense, admitting the incident occurred but was consensual for both parties
• Challenging the physical evidence, that it was illegally obtained or otherwise compromised
• Mistaken identity, that the accuser misidentified the accused (common in stranger rape cases)
• Denying that the incident occurred is possible if the only evidence is “he said, she said.”

We evaluate the facts of your case, including the evidence we uncovered from our investigation and that presented by the prosecution and police. Then, we look for inconsistencies and factors that weigh in your favor.

We include proactive defense and strategies to take apart the prosecutor’s case when constructing your defense. We’ll even seek to have the case dismissed if there are too many inconsistencies or if the evidence is inconclusive.

Your Woodridge Rape Defense Attorney Protects Your Rights

After you’ve been charged with rape, you may find that your social circle shrinks considerably. Even if you’re innocent, this accusation can leave you feeling isolated. Or, you may find that people are trying to pry into the details of the indictment or your private life.

Your rape defense attorney will likely caution you not to talk to people about the case and ask that you refer all communications to their office.

There are three groups of people that may become very interested in you. If you’re contacted by someone like this, alert your lawyer immediately:

• Investigators, unless it’s one employed by your legal team
• Other attorneys, especially the one representing your accuser. Ask them to speak directly with your lawyer.
• Family, friends, or acquaintances. Sometimes, attorneys or investigators for the defense may try to get information through people you know.

It’s natural to want to tell people your side of the story. However, that time and place is in court, with an advocate representing your legal interests who is on your side.

Frequently Asked Questions

Have You Been Accused of Rape in DuPage County?

Rape Defense Lawyers in Woodridge Protect Your Right to Defend Yourself in Court