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. 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. When most people use the term „legal rape,“ they are generally not referring to the crimes committed against the above-mentioned very young or vulnerable minors, but are referring to situations where school-age children have consensual sex with someone 17 years of age or older. 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. 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.

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. Sami Azhari has been practicing law since 2007 after receiving his J.D. from Michigan State University School of Law. He has handled numerous state and federal cases and is known throughout the Chicago and Rolling Meadows area for providing qualified, high-quality representation to his clients. He has been recognized by Avvo (2013 and 2018), SuperLawyers (2015-2020), The National Trial Lawyers and other reputable organizations, and has spoken at numerous legal conferences. 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. The elder Romeo and Juliet: The Romeo and Juliet law applies to men between the ages of 17 and 22 AND who are less than 5 years away from their girlfriend. I sometimes get the call „I was 21, but she was only 15 – that`s SIX years old – what`s going on NOW?“ The charge you are looking at is „criminal sexual assault.“ (720 ILCS 5/11-1.20): 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. 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. To expand on the information above, imagine a young couple where one partner is 17 and the other is 16. If the 17-year-old touched a sex organ of the 16-year-old for the purpose of sexual gratification, he could be convicted of a sex crime and required to register on the Illinois State Sex Offender Registration List.

Note that this applies even if both people are under the age of 17. Since neither of them can legally consent to sexual activity, both could be prosecuted for a sex crime. The two most common crimes a person faces when having sex with a minor are: 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. Crimes: Illinois does not have a law called „lawful rape.“ Illinois law divides things into four categories: Second, get the help you need to keep the mother in school. Don`t skip school because you`re afraid of „mandatory reporting.“ A teenage pregnancy alone does not trigger a reporting obligation. Go to the doctor or midwife to ensure a safe and healthy pregnancy – they are also not required to report to you unless there is a reasonable belief that the sexual abuse was committed by a household member or someone having authority over the pregnant minor. If you have to go to the hospital, do it.

Hospitals are not required to report routine teenage pregnancies as „abuse and neglect.“ A teenage pregnancy in itself does not automatically trigger mandatory reporting. Only cases involving a father who is a family member, a person living in the child`s home or a person in a position of trust or authority (e.g. teacher, babysitter, volunteer in a youth program, etc.) trigger reporting obligations. 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.