Five gold stars representing a 5-star rating.
Schedule a Consultation

Sexual Assault

Sexual Assault

Law enforcement and prosecutors consider sexual assault one of the most serious crimes under the law. A prosecution and conviction can have devastating consequences for your rights and reputation. Let a sexual assault defense attorney from Frank & Juengel Law Group P.C., fight for your freedom and future. Contact us today for an initial case review to learn how we can help you seek a favorable resolution to your sexual assault charges.

Understanding Sexual Assault Charges

In most jurisdictions, sexual assault occurs when a person initiates sexual intercourse with someone against their will or without their consent. Sexual assault may involve force or the threat of force or taking advantage of a person incapable of resisting a sexual act or providing consent.

Under Missouri law, a person commits first-degree sexual abuse when they subject to sexual contact a person who suffers from incapacity or cannot give consent, or when they initiate sexual contact through forcible compulsion. A person commits second-degree sexual abuse when they purposely subject someone to sexual contact without their consent. If the allegation includes sexual intercourse or other penetration of a person’s genitals, it can be classified as either Rape or Sodomy, the most serious sex offenses.

In Illinois, criminal sexual assault occurs when a person commits an act of sexual penetration and:

  • Uses force or the threat of force
  • Knows that the victim cannot understand the nature of the act or give knowing consent
  • The perpetrator is a family member of the victim, and the victim is under 18
  • The perpetrator is 17 or older and holds a position of trust, authority, or supervision over a victim between the ages of 13 and 17

Illinois defines the offense of aggravated criminal sexual assault as committing a sexual assault under aggravating circumstances, such as:

  • The use, threat of use, or display of a dangerous weapon other than a firearm
  • Injury to the victim
  • Any act that threatens the life of the victim or any other person
  • The offense occurs during the commission of another felon
  • The victim is 60 or older or suffers from an intellectual or physical disability
  • The perpetrator administers a controlled substance to a victim without their consent or by threat or decision for other than medical purposes
  • The perpetrator has a firearm or discharges a firearm during the offense
  • The perpetrator is under 17, and the victim is under nine, or between the ages of nine and 13, and the perpetrator uses force or threatens force

Penalties and Consequences for a Sexual Assault Conviction

In Missouri, rape and sodomy are unclassified felonies, which if convicted, carry a range of punishment of 10 years up to 30 years, to life.  

First-degree sexual abuse constitutes a class C felony, except in cases involving victims under 14, in which case the offense becomes a class B felony. Second-degree sexual abuse constitutes a class A misdemeanor unless the circumstances of the offense result in an aggravated charge, which constitutes a class E felony. Penalties for convictions in Missouri include:

  • Class A misdemeanor: Up to one year in jail
  • Class E felony: Up to four years in prison
  • Class C felony: Three to ten years in prison
  • Class B felony: Five to 15 years in prison

Under Illinois law, criminal sexual assault constitutes a Class 1 felony unless a defendant has:

  • A prior conviction for criminal sexual assault or exploitation of a child, in which case the charge may become a Class X felony carrying penalties that include 30 to 60 years in prison
  • A prior conviction for aggravated sexual assault or predatory criminal sexual assault of a child, in which case the defendant may face a life sentence.

A conviction for aggravated criminal sexual assault constitutes a Class X felony, with the statute imposing extended sentences in aggravating circumstances.

A sexual assault conviction will result in other consequences beyond a prison term. Convicted defendants may have to register as sex offenders; in some cases, their registration information will go on a publicly accessible website. Some defendants may also receive a designation as a sexually violent predator, which may result in significant restrictions such as civil commitment to mental health treatment. A sexual assault conviction may also show up on background checks for housing, employment, or educational programs, which can significantly limit a convicted offender’s opportunities following release from prison.

Common Defenses to Sexual Assault Charges

People facing sexual assault charges may raise various factual and legal defenses to challenge the prosecution’s case. Some of the most common defense strategies against a sexual assault charge include:

  • Consent: Many sexual assault cases turn on the issue of whether the alleged victim gave knowing consent to the sexual act or could give consent.
  • Alibi/mistaken identity: A defendant may contest a sexual assault charge by showing that they were somewhere else when the alleged assault occurred.
  • Fabrication: Defendants sometimes fight sexual assault charges by arguing that the alleged victim has fabricated the assault, potentially motivated by revenge or to gain an advantage against the defendant in another legal proceeding, like a divorce or child custody case.
  • Unreliable forensic evidence: Defendants may contest the reliability of DNA or other forensic evidence linking them to the alleged assault, including by identifying potential testing issues or improper handling of evidence.
  • Unlawful search/seizure or questioning: A defendant may move to exclude evidence or inculpatory statements by arguing that investigators obtained them by violating the defendant’s civil and constitutional rights.

How Can a Criminal Defense Lawyer Help You?

Federal and state prosecutors devote substantial resources to investigating and prosecuting sexual assault cases. If you’re facing a sexual assault charge, a knowledgeable criminal defense attorney from Frank & Juengel Law Group P.C., can help you stand up for your rights and interests. Let us advocate on your behalf in the criminal justice system by:

  • Independently investigating your charges to recover all available evidence rather than simply relying on information turned over by the prosecution
  • Evaluating the facts and circumstances to identify potential defense strategies available to you
  • Explaining your charges and the possible outcomes to help you make informed decisions at each stage of your case
  • Vigorously challenging the prosecution’s case at every step, including filing motions to exclude evidence or dismiss your charges, as appropriate

Why Choose Frank & Juengel Law Group P.C.?

Choosing a criminal defense lawyer to represent you against a sexual assault charge may be one of the most important decisions you make in your case. People across the greater St. Louis area have trusted the legal team at Frank & Juengel Law Group P.C., to guide them through the process of facing sexual assault charges because:

  • The firm is a top criminal defense firm in the region with extensive experience in sex offenses. The attorneys have handled thousands of claims of sexual assault and have taken these cases to jury trial, with a full acquittal.  Very few other attorneys in the country have this experience.  
  • Our attorneys have a proven record of achieving successful outcomes for clients in sex crimes cases.
  • Our legal team has over 50 years of combined legal experience, giving us the insight to craft innovative, tailored legal solutions for each case.
  • We work hard to build the best possible defense by preparing every case for trial and giving clients the maximum opportunities to resolve their charges. Our firm has a reputation among prosecutors for thoroughly preparing each case we take on.

Contact an Experienced Sexual Assault Defense Attorney Today

If you’ve been charged with sexual assault, you need experienced legal representation to give you the best chance at obtaining a favorable resolution to your case. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with our attorneys to discuss your legal options for defending your rights, reputation, and freedom.

  • RESUlTS Matter

not guilty of all charges

View Our Case Results
  • Practice Areas