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Wheaton sex crimes defense attorney

In the early 1970s, the federal government passed the Education Amendments of 1972, the most well known of which is Title IX. Title IX is the federal law that prohibits discrimination on the basis of sex in higher education. One of the major issues that Title IX combats is how cases of sexual assault are handled when they arise on college campuses. Unfortunately, violent crimes on college campuses are not uncommon. According to the Rape, Abuse & Incest National Network (RAINN), around 11 percent of college students become victims of sexual violence while they are in school. Because of this, sexual violence at colleges and universities is taken very seriously. In Illinois, a person who is charged with a sexually violent crime, such as sexual assault, may face prison time, fines, and other penalties, including the requirement to register as a sex offender in some cases. If you have been accused of sexual assault, an Illinois criminal defense lawyer can help you navigate your case.

Understanding Title IX

Title IX is the law responsible for prohibiting any kind of sex discrimination in educational institutions that receive federal funding. Prior to the early 1970s, there was a huge inequality between the way men and women were treated in higher education. These disparities encompassed everything from employment in universities to funding and availability for women’s athletic programs. In addition to addressing these matters, Title IX helps regulate how sexual assault and harassment are addressed in educational institutions.

Recent Changes to Title IX

One recent major change to Title IX involves how incidents of sexual misconduct will be handled in educational institutions. Prior to the changes, one person was able to conduct the investigation, decide what evidence to use in the case, and make a recommendation as to what the outcome of the case should be. Under the new rules, which go into effect in August of 2020, the person who determines the outcome of the case must be a different person than the individual who investigated the case. Also, now an outcome may only be determined after a hearing has taken place, and at this hearing, the person accused of the misconduct will have the opportunity to defend himself or herself.

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domestic violence, domestic abuse, sexual assault, physical abuse, DuPage County criminal defense lawyersDomestic violence is a serious crime that can severely damage relationships with family, friends, significant others, and spouses. If you are convicted of domestic violence, you will face consequences that could destroy your quality of life—you may have a more difficult time obtaining employment, and may not be able to have contact with those whom you love.

Definition of Domestic Violence

Domestic violence occurs when a person knowingly causes bodily harm to any family or household member or makes physical contact of an insulting nature with any family or household member.

When a person is charged with domestic violence, he or she will face a Class A misdemeanor. If the offender has been previously convicted of domestic violence, then he or she will be charged with a Class 4 felony.

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justifiable force, DuPage County criminal defense lawyersWhen your actions have caused death or bodily harm to another, you may be faced with criminal charges. What happens, though, when your actions were in self-defense, or done to protect your home or a loved one? Is this still a criminal matter, or can you use justifiable force as a viable defense in your case? The answer to this depends on the situation. However, the following information can help you understand the basics of justifiable force in Illinois. 

When Might Justifiable Force Apply? 

Justifiable force cannot be used for every circumstance or every case. To effectively exercise this defense, you must have been defending yourself or another person from an unlawful act (i.e. sexual assault, battery, murder) or from death or bodily harm. Alternatively, you may be able use justifiable force in a situation where you were protecting your own property or a family member’s property from a break-in, attack, or other unlawful act. Still, this is not a blanket defense. There are other nuances to justifiable force that you must be aware of before trying to use it in your case.

Justifiable Force Versus Stand Your Ground 

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DuPage County criminal defense lawyer, juvenile defendantsGenerally, children under the age of 18 are not considered adults. However, under Illinois law, some juvenile defendants can be tried as an adult and given adult penalties if convicted. Illinois has recently made some changes in the way cases involving defendants 17 and younger will be transferred to adult court.

Changes in the Law Effective January 1, 2016 

After January 1, 2016, any child aged sixteen and older, who commits certain serious felonies, will automatically be tried in adult court. If the child is under age 16, then prosecutors will still be able to ask a judge to transfer the case to adult court. However, the transfer will not be automatic and the child’s attorney will be able to argue against the transfer to adult court.  

The crimes for which juveniles will automatically be tried as adults when 16 or 17 years old include:

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