Sexual assault charges can be fragile for prosecutors because of the nature of the evidence. The prosecution must prove that:

• The defendant committed the sex act; and
• The accuser did not consent to the act.

If the accuser cannot provide reliable testimony or physical evidence of the sexual assault, there is little chance that the case will end in a conviction. However, a skilled defense against sexual assault charges will not rely on the prosecution failing to prove its case. If you have been charged with sexual assault, your defense can be proactive in explaining your side of the case and finding holes in the prosecution’s evidence.

Physical Evidence

Those who are arrested on domestic battery charges are often stigmatized by the outside world. They are seen as abusers – monsters who harm those that love them. Yet this is not always the case. In fact, there are many situations that can lead to a charge for domestic battery. Some may not even include actual harm to a victim. If you are facing criminal charges for domestic battery in Illinois, learn what your rights are, and how you can fight back to protect your future, and your family.

What is Domestic Battery?

Domestic battery is defined as the commission of bodily harm, or the physical contact, insulting, or provoking of a family member in a way that leads them to believe they may be at risk for bodily harm. This applies to more than just live-in family, such as a sibling, parent, intimate partner, spouse, or child. It can also be considered applicable to threats or harm to an ex-spouse, ex-partner, or other close person. It can also apply in situations involving a caregiver and an elderly, disabled, or otherwise vulnerable person with which no relational ties exist.

You have probably heard it dozens of times on the news. Mr. John Doe has been charged with assault and battery following his arrest last night. Sometimes you may hear of a suspect being charged with simple assault with no mention of battery. It can seem very confusing but if you or someone you love is the one facing the charges, knowing the difference between the two can be extremely helpful to your case.

Based on the law’s definition of the terms, it makes more sense to start with what constitutes battery. According to the Illinois Criminal Code of 2012, a person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. Any charge of battery must be shown to have been intentional, and the insulting or provoking nature clause allows for a more open interpretation than bodily harm."

The law also includes a number of factors that can change simple battery to aggravated battery, which the state considers a felony. These factors include, among others, the level of harm caused, the age, physical condition, or disability of the victim, and the use of a firearm. Battery which it committed against a family or household member is known as domestic battery, and also may be considered a felony based on the situation.

My client was accused of having inappropriate contact with a fellow gymnastics instructor and former student.    At trial, I successfully argued that the mental state required in the proving the offense of Battery was not present and that the credibility of the witnesses weighed in favor of my client.   After a trial, a judge acquitted my client of the criminal Battery Charges placed against him.    This protected my client from a punishment that ranged up to one year in jail and would have had a devastating effect on his future coaching career.

Criminal defense trial attorneys should always examine the elements of criminal charges carefully to expose weaknesses in the prosecution's case.    Criminal cases involving sexual assault, battery, and other allegations of personal harm will always involve a complaining victim.   Careful consideration must be given to credibility of these alleged victims in evaluating a criminal case.