20+ Years of Experience
Top Rated Rape Defense
Contact Chicago rape defense attorney Gus Kostopoulos today if you’re facing rape charges. Gus is a former prosecutor with over 18 years experience. Do not speak to the police. They may ask you to “explain your side of the story.” That is not true. They want to you to say something that they can use against you at a later time.
The experienced criminal attorneys at the Kostopoulos Law Group know that a conviction for rape can have life-altering consequences. In addition to time in prison, you will be required to register as a sex offender. Once you’re a registered sex offender, your ability to have a normal life is over. We know that it can be difficult for the State’s Attorney to prove that you are guilty of rape because these types of sex crimes cases can often be based solely on the accusation of an alleged victim. We will fight to limit the prosecution’s ability to build a case against you. This involves an aggressive pre-investigative process and speaking with the State’s Attorney before any criminal charges are filed.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Illinois Rape Crimes Laws
Criminal Sexual Assault
Rape, which is also referred to as criminal sexual assault, is the act of having sex with another person without their consent and/or against their will. There are many situations that could lead to rape charges in Chicago. You can be charged with the crime of rape in Chicago, as defined in 720 ILCS 5/11-1.2, if you commit an act of sexual penetration and:
- Use force or the threat of force;
- The victim cannot or will not consent;
- The victim is a family member under the age of 18; and/or
- You hold a position of authority over the victim who is between the age of 13 and 18.
Aggravated Criminal Sexual Assault
The crime of rape can become more serious when certain “aggravating circumstances” exist. If you are charged with aggravated rape in Chicago you will face harsher criminal penalties, including the possibility of life imprisonment. You can be charged with aggravated rape in Chicago, as defined 720 ILCS 5/11-1.2, if you commit a sexual assault and:
- Use a dangerous weapon;
- Cause bodily harm;
- Threaten the victim’s life;
- Threaten the life of someone the victim knows;
- The victim is over the age of 60;
- The victim is disabled;
- Deliver a controlled substance to the victim without their knowledge or consent;
- Brandish a firearm during the assault;
- Discharge a firearm during the assault; and/or
- Discharge a firearm during the assault and cause serious bodily injury or death.
Statutory Rape
The age of consent in Illinois is 16. This means that a person under the age of 16 cannot legally provide the consent that is required to engage in sexual activities. In Chicago, the crime of statutory rape occurs when you have sex with a minor who is under the age of 16. The “consent” of the victim is irrelevant; the fact that you had sex with a person under the age of 16 is enough to establish criminal liability.
For example, let’s say a 15-year-old wants to have sex with their 17-year-old partner. The 17-year-old is old enough to consent to sexual activity, but the 15-year-old is not. The 17-year-old could be charged with statutory rape even if the 15-year-old was a willing participant in the sexual activity.
Statutory rape can be charged as a misdemeanor or a felony in Chicago. The judge and jury will review mitigating and aggravating factors to determine the penalty that is most appropriate for each individual case. Factors that will be most relevant in determining the penalty for statutory rape include:
- Your age;
- The age of the victim;
- Aggravating factors (e.g., use of force, administering illicit substances, criminal threats, etc.);
- Mitigating factors (e.g., romantic relationship, minor age difference between parties, etc.); and
- Whether you held a position of power or authority over the victim.
Penalties for Rape in Chicago
Criminal Penalties for Rape
Rape, without previous convictions or aggravating factors, is a Class 1 Felony in Chicago. If you are convicted of rape in Chicago, your criminal sentence could include:
- 4-15 years in an Illinois state prison; and/or
- $25,000 in fines.
If you have been previously convicted of rape, a subsequent offense will be charged as a Class X Felony. A conviction for a Class X Felony in Chicago can include a sentence of:
- 30-60 years in an Illinois state prison; and/or
- $25,000 in fines.
Criminal Penalties for Aggravated Rape
Aggravated rape is a Class X Felony in Chicago. The specific penalty you will face will depend on the facts and circumstances specific to your crime. If you are convicted of aggravated rape in Chicago, your criminal sentence could include:
- A minimum 6-30 years in an Illinois state prison;
- The possibility of life in prison;
- $25,000 in fines; and
- Restitution for damages suffered by the victim.
Collateral Consequences of Rape
A criminal conviction for rape will make your life incredibly difficult. You will have to deal with the criminal consequences of the crime, collateral consequences of a conviction, and the social stigma that comes with being a convicted sex offender. This can make it difficult or impossible to:
- Find or maintain a job;
- Rent or buy a home;
- Enroll in a college or place of higher learning;
- Purchase or own a firearm;
- Participate in government welfare programs;
- Vote;
- Work in a government position; and/or
- Maintain custody of your children.
If you are convicted for the crime of rape in Chicago you will be required to register with the state as a sex offender. This will impose even more restrictions and difficulties in your life.
The names, photographs, and information about registered sex offenders are maintained in a searchable database. This means that anyone can easily learn about your criminal history and sexual offenses, making your life incredibly difficult and complicated. The only way you can avoid these consequences is by hiring an experienced Chicago rape attorney to handle your case.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Defending Accusations of Rape
Many rape cases lack substantial evidence and are based solely on the testimony of the accuser. This means that the case boils down to a “he said, she said” situation.
As your criminal defense attorney, it is our responsibility to make it difficult for the State’s Attorney to prove their case. As soon as you hire us, our legal team will immediately get to work on your defense.
The first step is an aggressive investigation into your alleged crime. During this investigation, we will gather evidence, speak with witnesses, review police and medical reports, and consult with experts to develop a case to limit the consequences of your arrest. We will not hesitate to argue any defense that may be appropriate, including:
- Consent of the victim;
- False accusation;
- Mistaken identity;
- Insufficient evidence to carry the burden of proof; and/or
- Violation of your Constitutional rights.
Experienced Rape Defense Attorneys in Chicago
Have you or someone you love been arrested for rape in Chicago? If so, it is extremely important to speak with an experienced Chicago rape attorney as soon as you can. The decisions you make after your arrest will have a significant impact on your future Make the choice to fight for your rights and defend yourself against any and all accusations of criminal wrongdoing.
We can help you limit the consequences of your arrest and will fight to make sure that your rights are respected. In Chicago, rape cases are often based on the testimony of your accuser and little to no other evidence. We will make sure that you are not charged or convicted of a crime when the State’s Attorney lacks the evidence they need to make their case. Do not hesitate to contact our sex crimes attorneys today to set up a free consultation.
Awards and Associations
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Top-client-rated criminal defense law firm in Dupage County. Don’t settle for less when your liberty, family, and life are on the line.
Call Dupage County and Cook County criminal defense attorney Gus Kostopoulos today to discuss your case.
