Charged with Aggravated Criminal Sexual Abuse? 5 Steps to Take Today
An aggravated criminal sexual abuse charge in Illinois is one of the most serious accusations someone can face. At Bernard Law, we understand how quickly these allegations can unravel a person’s life. Cook County and the rest of the state prosecute sex crimes aggressively, and the impact on your future, reputation, and freedom can be immediate. While the situation is serious, you are not without options—your early actions can strongly influence the outcome of your case. Working with a Chicago sex crime defense attorney who can provide a strong, strategic defense is essential.
Below are five critical steps to take right away if you’ve been charged or believe charges are coming. These steps help protect your rights and set the foundation for a strong defense. The time to act is now.
Understanding Aggravated Criminal Sexual Abuse Under Illinois Law
Illinois treats sex crime allegations with extreme severity. Aggravated criminal sexual abuse—typically a Class 2 felony—refers to sexual conduct made illegal due to the alleged victim’s age or other aggravating circumstances. To secure a conviction, the State must prove both criminal sexual abuse(sexual conduct without consent) and at least one aggravating factor.
Key Aggravating Factors in Illinois
Aggravating factors increase the charge and significantly raise penalties. Common examples include:
Use of force or a weapon
Bodily harm
Victim vulnerability
Age and authority: the accused being 17+ with a victim under 13, use of force with a victim 13–17, or being in a position of trust over a minor
Family or household relationship
The Consequences of Conviction
A conviction for aggravated criminal sexual abuse is life-altering. As a Class 2 Felony, the potential penalties include:
3–7 years in prison
Fines up to $25,000
Mandatory sex offender registration, often for life, restricting where you can live and work
With prison time and long-term registration at stake, immediate and effective legal intervention is critical.
5 Steps to Take Today When Charged in Chicago
If you are facing an aggravated criminal sexual abuse charge, or even believe you are under investigation, your immediate actions are critical to the outcome of your case.
Step 1: Immediately Exercise Your Right to Silence
The most important action you can take is to invoke your Fifth Amendment right to remain silent. Do not speak to police, investigators, or state’s attorneys without your lawyer present, and do not attempt to explain or clarify anything.
Even innocent statements can be twisted or used against you. Police are trained to gather information that strengthens the prosecution’s case. Stay respectful but firm: state that you are invoking your right to remain silent and will not answer questions without your Chicago criminal defense lawyer present.
Step 2: Contact a Chicago Sex Crime Defense Attorney Immediately
Your defense begins the moment you learn of an investigation or arrest—not when you appear in court. As soon as you’re aware of the situation, contact legal counsel. A sex crime attorney in Chicago can act quickly to:
Stop police questioning
Monitor evidence collection for proper procedure
Advise you through booking and bond
Immediate legal involvement allows your counsel to start investigating and preserving evidence before important details or witnesses are lost.
Step 3: Preserve All Potential Evidence
Digital evidence is central to most sex crime cases. Preserve—without altering—any communication or data related to the allegations, including:
Texts, emails, and social media messages
Call logs or location data supporting your timeline
Photos or videos confirming events or whereabouts
This information may be crucial for establishing consent (when legally applicable), supporting an alibi, or challenging the accuser’s credibility. Understanding how to beat a sexual assault charge often starts with securing this evidence quickly.
Step 4: Refrain from All Contact with the Accuser and Witnesses
Stop all contact with the accuser immediately. Even a simple apology or to request clarification can be portrayed as coercion or an admission of guilt. It can also lead to charges for violating a protective order or bond conditions. Allow your attorney to handle all communication through proper legal channels.
Step 5: Begin Preparing for Your Defense
While the initial steps focus on protecting your rights, the next step is building a solid defense. Your lawyer will immediately begin examining potential defense strategies, such as:
Challenging the aggravating factor: If the state cannot prove the specific aggravating circumstances, the charge may be reduced.
Consent: When legally applicable, showing the interaction was consensual can be central to the defense.
Alibi or mistaken identity: Demonstrating you were elsewhere or that identification was unreliable.
Credibility challenges: Exposing inconsistencies, motives to fabricate, or the lack of supporting evidence.
A strong defense starts with a clear strategy, timely action, and a detailed examination of the facts—each step strengthening your position as your team works to protect your future.
Our Commitment to Your Defense
Facing these accusations is one of the most challenging moments of your life, and at Bernard Law, we understand the pressure you are under. When you work with us as your Chicago sex crime defense attorney, we are committed to providing a strong, unwavering defense from the moment you contact us.
We build every case through a detailed, strategic review of police reports, forensic evidence, witness statements, and the application of Illinois statute 720 ILCS 5/12-16 to your situation. Our background in criminal defense and our work as a DUI defense attorney in Chicago further strengthen the advocacy we bring to your case. Our goal is to protect your rights, your future, and your reputation against these life-altering charges.
Whether the case involves complex evidence or requires meticulous preparation for a challenging trial, we are here to guide you. Do not face the power of the State of Illinois alone. Reach out to Bernard Law today for a confidential review of your case and let us begin building your robust defense strategy.
Disclaimer: This blog provides general information and is not legal advice. Reading it does not create an attorney–client relationship with Bernard Law. For guidance on your specific situation, please contact our office directly and avoid sharing confidential information through this website.
