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. A person commits lawful rape by having sexual intercourse with a minor, even if the minor consents. This means that a person under the age of 17 is incapable of consenting to sexual behaviour with a partner of any age. 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. 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. If a person holds a “supervisory position” of another person, the age of consent becomes 18. A position of authority may include a coach, teacher, church leader, or any other position in which it can be argued that the defendant was an authority figure of the other.
Again, consent is a legal term, not a factual term. Sex is not only a big mental and physical problem, but also an emotional one, and it could also be legal. Most parents won`t file a complaint against their son or daughter`s boyfriend or girlfriend if they`re only a year older, but older people may get into more trouble. A minor who has sex, even with a relative who is much older, puts that partner at risk of breaking the law. The other crime that can be charged in situations where a person has sex with a minor is criminal sexual assault. This is defined as penetrative sex with someone without their consent. If they`re under the age of consent in the state, even if they say yes, that doesn`t legally count as consent — because they`re not legally able to give it. Thus, Illinois law states that it is impossible for anyone under the age of 17 to behave legally sexually. Sexual behaviour is defined as “knowingly touching or stroking. either directly or through clothing” of another person`s “sexual organs”. The definition of “sexual organs” includes a woman`s breasts.
If a person is in a “supervisory position” over a minor, the age of consent is 18, not 17. 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. We`ve all heard that “age is just a number” or something similar. Although this saying may be true for some couples, age can become very important in sexual relationships, and it can be the deciding factor whether or not you commit a crime. Age of consent laws have been enacted to prevent the exploitation of children and adolescents, and these laws vary from state to state. Violating age of consent laws can lead to allegations of sex crimes that should not be taken lightly, as they have serious consequences. 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. Much of the evidence in cases of age of consent tends to be circumstantial. Depending on the specific details of your case and the strength of the prosecution`s case, former prosecutor Steven Haney will advise you on your legal options and give you his best recommendation regarding hearing a plea or challenging the charge in court. 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. Susan is a member of the California State Bar. She received her J.D. from the University of California, Hastings College of Law in 1983 and practiced plaintiff assault law in California for 8 years.
She has also taught civil procedure law in the paralegal program at Santa Clara University. She then taught English as a foreign language in the Czech Republic for eight years. Most recently, she taught English as a second language in public schools in Montgomery County, a suburb of Washington, D.C. Now she devotes her time to writing about legal and environmental issues. You can follow her on her LinkedIn page. It is always necessary for the person to make sexual contact (or to undertake a new type of sexual activity), to ensure that consent is present before the action and that it is present during the sexual activity. Under Illinois law, a person must be at least 17 years of age to give consent. In Illinois, it is illegal for a person 18 and older to commit sexual acts on a person under the age of 18 if they have a position of authority or trust over the victim. 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. 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. Rolling Meadows Sex Crimes Attorney Scott F. Anderson is familiar with the defense against sex crime allegations and can help you avoid conviction at all costs. Call our office at 847-253-3400 to schedule a free initial consultation. An affirmative defence for any sex crime where the “victim” is under the age of consent is that the defendant reasonably believed that the “victim” was of legal age. In other words, the respondent had good reason to believe that the other person`s age had reached or exceeded the legal age of consent.
In Illinois and across the country, sexual assaults involving drugs and alcohol can be among the most difficult to prosecute.