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posted on 7/21/19

A Peoria County, Illinois, man has been a prisoner in the Illinois jail system for almost 40 years. He allegedly sexually assaulted a victim, and even though he had no previous criminal convictions based on sex crimes, he is still incarcerated. Why is this man serving nearly four decades in jail after committing one sexual assault? The reason involved a little-emphasized Illinois law called the Sexually Dangerous Persons Act. Though the law in question has been in existence since the 1930s without much fanfare, some in the Illinois legislature are criticizing the law and hoping to see it revoked. As this man’s story shows, one accusation, incident, or moment of poor judgement can have ramifications that you will feel for the rest of your life. When confronted with any criminal charge, you can not afford to delay in reaching out to an experienced criminal defense attorney in Illinois.

What is the Sexually Dangerous Persons Act?

The law controversially allows sexual crime offenders treatment, mainly group based therapy, instead of facing a criminal conviction. In the case of Allen, his attorneys recommended that if he cooperated with the civilian-based treatment option, he would only have to serve a brief time in a therapy based setting. Allen thought that by offering incriminating statements to the prosecutors in his case, he would not only avoid a criminal trial but avoid jail time. Shockingly, 36 years after he allegedly committed the sexual assault, he has not undergone a criminal trial. Even without a criminal conviction, he has remained incarcerated.

Is the Sexually Dangerous Persons Act Fair to Those Accused?

Surprisingly, 17 years is the average incarceration length for those considered “sexually dangerous” under the law. In many cases, those who are incarcerated under the law do not receive a trial or conviction. Many people argue that such incarceration violates the Due Process Clause.

State Representative Justin Slaughter is a chair to House committees regarding sex offenses, sentencing, and criminal justice. He argues that the law is “absolutely ridiculous.” He argues that the Illinois legislature should take the statute off of the books. Slaughter plans to work with the American Civil Liberties Union of Illinois to put together an idea for the best legislative solution to get the law off the books.

Proponents of the law argue that it is effective in preventing more sexual assault victims, especially when typical prosecutions might not work. Others such as Jobi Cates, who works with the non-profit Restore Justice Illinois, argue that those incarcerated to receive treatment should not be held in a traditional prison. She argues that she has not seen any evidence that people who have not been convicted are actually a threat to the community.

If You are Facing a Criminal Charge, Your Future is at Stake

If you are facing any criminal charge, it is essential that you have a skilled Illinois defense attorney in your corner. The state has incredible power to change the course of your life, and your lawyer will ensure that your rights are protected. If a prosecutor presents the idea of receiving treatment or offers a plea deal after an alleged crime, be sure you do not sign or agree to anything until you speak with an attorney and understand the potential unforeseen consequences of doing so. To contact us, please fill out our online form for an initial consultation.

(image courtesy of Robert Hickerson)