What you need to focus on is no.s 1 and 2, above. Predatory Criminal Sexual Assault ( 720 ILCS 5/11-1/40 ), The Crimes: Illinois doesn't have a law called "statutory rape." Illinois law breaks things down into four categories:Ĭriminal Sexual Abuse ( 720 ILCS 5/11-1.50 ).Ĭriminal Sexual Assault ( 720 ILCS 5/11-1.20 ),Īggravated Criminal Sexual Assault ( 720 ILCS 5/11-1.30 ), and These cases crop up where the adult is a step-parent, a teacher, a coach, a leader of a church youth group, etc. There is one exception, however: if the adult partner is a person with authority over the 17-year-old, then the age of consent is boosted to 18. Once a child turns 17 he or she may have consensual sex with anyone and the partner need not fear criminal prosecution. If two 15 or 16-year-olds have sex they each may be charged with criminal sexual abuse of the other. If a 16-year-old has sex with a 17-year-old, the 17-year-old may be charged with criminal sexual abuse. the sex act constitutes a "sex crime" on the part of the partner, regardless of age. Even if he or she voluntarily engages in sex, even if he or she brings up the subject and suggests sex, even if he or she initiates sex. Our law says that it's impossible for a child under the age of 17 to knowingly consent to sex. So, here's what you need to know:Īge of Consent: In Illinois, the age of consent is 17. There is so much puritanical, judgmental, obsolete information about this topic online, however, that these young folks are terribly misled and that makes a difficult situation much, much worse. The answer is "it depends on the difference between "sexual conduct" and "sexual penetration," and it depends a LOT on the success of the relationship." Scenario II: a young man calls in to say he's 19 or 20, his GF is 15 or 16, they've been having sex and her parents found out and now they're threatening him with prosecution for "statutory rape".
will he go to jail if its found out that he (an adult) was messing around with her (a minor)? BF, they're in love and plan to marry and be a family. Scenario I: a young woman calls to say she is 15 or 16, has been messing around with a 19 y.o. I get one of these questions about once a week:
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When underage girls get pregnant, the father may catch a break from "statutory rape" charges depending on the difference in age between the lovers and the nature of their relationship.
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