Defending Yourself Against Indecent Liberties Charges

 Posted on July 29, 2026 in Sex Offenses

Defending yourself against indecent liberties charges, now prosecuted in Illinois as aggravated criminal sexual abuse, involves a few key steps. This includes challenging the state's evidence about intent and questioning witness credibility. In some cases, it requires showing that an accusation stems from a misunderstanding or a contentious family dispute. A DuPage County indecent liberties with a child defense lawyer can help you understand exactly what the state must prove. They can also help you build a strong defense.

What Happened to the Indecent Liberties With a Child Charge in Illinois?

Illinois previously had a specific offense called indecent liberties with a child. This charge was consolidated into what's now known as aggravated criminal sexual abuse under 720 ILCS 5/11-1.60. The older name still gets used in everyday conversation. But this is the statute that governs these charges today.

What Does the State Have to Prove in Criminal Sexual Abuse Cases?

Prosecutors generally need to establish several elements to support a charge under this statute. These include:

• That sexual conduct occurred
• That the alleged victim was under a specific age
• That the accused person was aware of or reasonably should have been aware of the victim's age, depending on the specific circumstances involved

These elements require careful proof. Because of this, much of a strong defense often focuses on challenging whether the state can actually establish each required piece. It's not enough to simply accept the accusation as presented.

Why Do False Accusations Happen in Indecent Liberties Cases?

False accusations can arise for a variety of reasons. Understanding a possible motive can sometimes become an important part of a defense. Common circumstances include contentious divorce or custody disputes, where one parent may make allegations to gain an advantage in a family court case.

Misunderstandings between children and adults can also lead to accusations that don't reflect what actually happened. Additionally, pressure from other adults can play a role. Coaching by a parent involved in a dispute can also contribute. So can confusion during a child's recounting of events. Any of these can lead to an accusation that doesn't hold up under closer examination.

What Evidence Can Help Support Your Defense in an Aggravated Criminal Sexual Abuse Case?

Building a strong defense often depends on gathering the right evidence quickly. Helpful evidence can include:

• Text messages, emails, or other communications relevant to the accusation
• Witness statements from people who were present or who can speak to the relationship between you and the accuser
• Records showing your whereabouts at the time of the alleged incident
• Evidence of a motive behind a false accusation, such as documentation from a custody dispute
• Any prior inconsistent statements made by the accuser

You’ll need to act fast when gathering evidence. We can help you understand what evidence best supports your defense.

Can Age Confusion Play a Role in Indecent Liberties Cases?

In certain situations, the accused person's genuine and reasonable belief about the alleged victim's age can become relevant to the case. Illinois law places strict limits on when this type of defense actually applies, though. The specific facts surrounding age and knowledge are especially important. Because of this, discussing the details of your particular situation with an attorney is essential to understanding whether this type of defense might be available to you.

What Penalties Come With a Conviction Under the Aggravated Criminal Sexual Abuse Statute?

Aggravated criminal sexual abuse is most commonly charged as a Class 2 felony in Illinois. Certain aggravating factors can increase the severity of the charge and the potential penalties involved, though.

Beyond potential prison time, a conviction under this statute typically requires registration as a sex offender. This can affect where you're able to live, work, and travel for years, or even the rest of your life. These consequences extend so far beyond the courtroom. Because of this, mounting a thorough and strategic defense from the earliest possible stage of your case is critical.

Schedule a Free Consultation With Our Naperville, IL Sex Crimes Defense Attorney

Attorney Phil Nathe is a former Assistant State's Attorney for DuPage County. This gives him a rare understanding of how these cases are built and prosecuted from the inside. With over 25 years of legal experience, he brings this dual perspective from both the defense and prosecution sides to every case he handles.

Contact The Law Office of Philip R. Nathe at 630-416-7600 to talk to our DuPage County indecent liberties with a child defense lawyer today.