Sex Abuse Charges and Elderly Defendants

 Posted on November 18, 2014 in Sex Crimes

It should go without saying that sex crimes are serious offenses that have severe consequences associated with them. These cases present many issues that need to be addressed, but some cases involve special circumstances that deserve extra consideration. As one report points out, one type of sex offense case that involves additional issues are those in which an elderly defendant is charged with a crime stemming from facts that allegedly occurred decades ago.

Health Concerns

In addition to the myriad of other issues inherently involved in sex crime cases, those in which an elderly defendant is charged usually have an additional set of unique factors to consider. Not only can these cases involve displacing a criminal defendant from his or her place of residence, but can also involve extradition issues, which may be more common the further back in time the facts supporting the charges supposedly occurred. All of this is compounded by any health concerns elderly defendants have, which can also vary in severity. In some cases, an elderly defendant’s life could be placed at serious risk before they are even tried for their crime.

Not Only Sex Cases

Of course, these same concerns may be present in any criminal case involving an elderly defendant and may be particularly apparent in cases that involve the potential for extradition, the transportation of the defendant from one jurisdiction to another to face charges where the crime allegedly occurred. According to some experts, the cost of transporting and housing criminal defendants in this scenario can not only be dangerous, but is likely to also be expensive. These defendants would need to be treated and cared for while in custody, something many prisons are not equipped to do. Even if the defendant is treated at an outpatient hospital, it takes additional prison staff to accompany him or her. Another argument experts raise involves the acknowledgment that the purpose of incarceration in many criminal cases is to protect the public and ensure the defendant will not re-offend, something that may be less of a concern when dealing with an elderly defendant.

More Appropriate Sentences

The high cost of imprisoning elderly defendants coupled with the fact that most of them no longer pose a threat is leading many to argue that other methods of punishment may be more suitable for this population. One such alternative form of punishment is home confinement, which may be able to fulfill many of the goals of incarceration without the need for a prison sentence.

Criminal Defense Attorney

If you or someone you know has been charged with a crime in the Chicago area, do not hesitate to discuss the facts of your case with an experienced Rolling Meadows criminal defense attorney who can advise you of your rights. The experienced attorneys at the Law Offices of Christopher M. Cosley are prepared to listen to the facts of your case and defend your rights. Contact us today for a consultation.