Note that if one party holds a “supervisory position” over the other party, the age of consent will be raised to 18. This position of authority may include: If a person is in 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. In the state of Illinois, 17 is generally the age of consent for any sexual activity. Anyone under the age of 17 cannot legally consent to sexual activity involving sexual behavior – touching a sexual organ by someone else. Note that this involves voluntary sexual behavior with someone who is not 17 years of age or older. Even if the act itself was voluntary, this person is not legally capable of legally consenting to sexual activity. In this way, you can think of the term “consent” as a legal term when referring to minors under the age of consent, not necessarily a factual term that describes the situation itself. 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. 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 defense attorney Scott F. Anderson is familiar with the defense against sex crimes charges and can help you avoid a conviction at all costs. Call our office at 847-253-3400 to schedule a free initial consultation. For example, an 18-year-old high school graduate who has sex with a 16-year-old high school student could be convicted of criminal sexual abuse. The 16-year-old is younger than the legal age of consent.
In Illinois, if a person commits a sexual act with a person under the age of 17 but over the age of 13, and the person is less than 5 years older than the minor, they are guilty of criminal sexual abuse — even if both participants believed the sex was consensual. In Illinois, the older partner could also be asked to register as a sex offender. 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. If a person is in a “supervisory position” over a minor, the age of consent is 18, not 17. 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. 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. 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. 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. In the state of Illinois, there is an age of consent. This age is 17 years. This means that anyone over the age of 17 can freely engage in sexual activity with a partner, but anyone under that age is considered legally incapable of giving consent. Sex with them can lead to criminal charges for sex crimes. In Illinois, however, for practical reasons, if two people, both under the age of consent, engage in 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: If you are the subject of an investigation or sex crime, you will need to find an experienced lawyer who is familiar with criminal defense to help you avoid a criminal record and enter the sex offender registry. Brian G. Hiatt, an attorney, understands Illinois` right of consent and is willing to fight for your rights and in your best interest. 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. Legal rape is any type of sexual intercourse that takes place between a person under the age of consent, aged 17 in Illinois, and a legal adult (18). Essentially, this means that if a person under the age of 17 and a person 18 or older voluntarily have sex in Illinois, charges can still be laid against the senior because the partner is a minor. 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. Adults are legally required to uphold higher standards when it comes to sexual acts with minors. Even if a minor tells you they are over the age of consent, you can still be held liable in Illinois for any sexual act you commit with them.
This could lead to you being charged with a sex crime in Illinois. Thus, Illinois law states that it is impossible for anyone under the age of 17 to behave legally sexually.
