i was charged with sexual abuse. i was 24. she was 14. it was consensual. sat in jail a year. on probation now. registerd for life. attorney didnt do nothng. nor did the pd. i read its a defense if the accused reasonably believed the victim to be 17 or older. i have witnesses. saved txts. victims myspace/facebook page printd out sayin shes 18 yet nobody cares to help me. i appeald my case when i got out cuz i have a 3yr old son i was told i couldnt see til hes 18. they made me drop the appeal to see him so i did. i cant live like this as a sex offender. what can i do? please help...
Since you are on probation, you were either convicted after trial or pleaded guilty to one or more charges. You then appealed your conviction but abandoned your appeal. There are no other avenues available to set aside your conviction. It no longer matters legally whether there are facts on which you could have believed the victim was of age. You can consult with a local criminal defense attorney to find out if you are eligible to request a modification of any of the terms and conditions of your probation. Your best course at this point is to find a skilled mental health counselor who can help you find ways to cope with circumstances that you cannot now change.
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If you thought you had a defense, you should have taken it to trial. Now, like the mark of Cain, you have to live with it for the rest of your life.
Criminal Defense Attorney
The Post-Conviction Hearing Act may provide a remedy for you if you believe your constitutional rights were violated. However, there are strict time restrictions within which you must file your first stage petition alleging the constitutional violations. There may be other restrictions such as whether you are actually imprisoned or not. You should do a little research under 725 ILCS 5/122-1.