Now that you have a better understanding of the age of consent in Illinois and how consent law generally works in the state, let`s talk about legal rape. Legal rape laws in Illinois all revolve around the idea that anyone under the age of 17 (18 if the other partner is an authority figure) is incapable of consenting to sexual acts. Again, the word “consent” is a legal term and does not necessarily mean that the act in question was not consensual. This means that one of the people involved was not able to legally consent to the actions. Consent is at the heart of each of these sexual assaults, which is why it`s so important to understand what consent means. Hopefully, the changes to the law regarding consent to sex crimes can make things clearer for everyone involved, from those accused of committing the acts to those who are victims. That`s why the Illinois State Legislature has taken action by passing laws that more clearly define consent. Under the new law, anyone who administers a controlled substance or intoxicant to another person without their consent and renders them unconscious or unaware of what they are doing is considered incapable of knowingly giving consent. If you have been charged with legal rape or any other sex crime, do not hesitate, you should contact a qualified and competent lawyer immediately. Being charged with a sex crime is an extremely serious matter, especially when it comes to someone under the age of consent. Scott F. Anderson, a sex crimes attorney at Rolling Meadows, is no stranger to defending against sex crime charges and can help you avoid conviction at all costs.
Call our office at 847-253-3400 to schedule a free initial consultation. Although sexual activity with someone under the age of consent is commonly referred to as legal rape, Illinois law does not use the term. There are a few different crimes you can be charged with if you engage in sexual acts with someone under the age of 17: In Illinois, however, if two people, both under the age of consent, commit sexual behavior, their crime would be charged with criminal sexual abuse rather than legal rape. The crime of legal rape is most often charged with criminal sexual abuse, a crime committed when: To be honest, a 17-year-old friend who touches his 16-year-old girlfriend`s breasts for his sexual satisfaction has committed a sex crime that could put him on Illinois` sex offender registration list. In fact, any voluntary sexual activity between two 16-year-olds could put them on the sex offender list. Such sexual activity is a crime for which both could be prosecuted if there was mutual sexual behavior because the “age of consent” was not reached. Here`s what you need to know about how consent is defined in Illinois. We will examine how aggravating factors in sexual assault cases can change charges and sentences. Under Illinois law, the age of consent for any type of sexual activity is generally 17. This means that people under the age of 17 cannot legally consent to any type of sexual behavior.
Sexual behavior affects one sexual organ of another. Voluntary sexual activity with a person under the age of 17 is not “consensual” sexual activity as far as Illinois law is concerned. At this age, “consent” is a legal term, not a factual term. It is important to note that the age of consent in Illinois is 17. However, if the person charged with criminal sexual assault is in a position of trust or authority over the victim, the age of consent is raised to 18. In many cases, even victims who consent to sexual behavior with a defendant under the age of 17 in the state are not considered old enough to give consent. Often, it is still a criminal sexual assault. Lawsuits for the above examples are rare, but they illustrate the nature of Illinois` age of consent law. Arrest and prosecution are much more likely if there is some sort of age difference. Some states have exceptions for victims and perpetrators who are close to age in terms of consent, but this is not the case in Illinois. It is possible for an 18-year-old to be prosecuted for sexual assault if they have sex with someone under the age of 17, even if it was consensual. Illinois` rape laws, or age of consent laws, revolve around the assumption that people under the age of 17 cannot consent to sexual acts.
Because of this, many teens find themselves in situations where they are close to each other but still technically break Illinois law. In Illinois, there is only one limited “Romeo and Juliet” exception for criminal sexual abuse. The behaviour is still illegal, but perpetrators are protected as they face lower fines and shorter prison sentences. In some states, the Romeo and Juliet exception is a full defense against a charge of rape or other sexual offenses if the parties are minors but close to age, such as 15 or 16. But that`s not the case in Illinois. In Illinois and across the country, sexual assaults involving drugs and alcohol can be among the most difficult to prosecute. Memory loss due to drugs or alcohol, as well as consent issues in these cases, make them difficult. If a person is in a “supervisory position” over a minor, the age of consent is 18, not 17. Generally, it`s up to an adult to make sure your sexual partners you`re having sex with are of legal age. Even if a victim lies about their age, the legal responsibility rests with the adult in their ability to exercise due diligence. It is important to note that in Illinois, if both parties to the sexual behavior have not reached the age of consent, it is illegal to have sex even if they are the same age. For example, in Illinois, if two 16-year-olds engage in sexual acts, both commit a crime.
Each partner is a victim and an aggressor at the same time. The age of consent refers to the point at which the law determines that a person is capable of consenting to sexual acts.