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Some of these laws include: Aggravated Criminal Sexual Assault – when a person under the age of 17 has sex with a minor under the age of 9, or uses force or threat of force to have sex with a minor at least 9 years old, but under the age of 13.
Predatory Criminal Sexual Assault of a Child – when a person 17-years-old or older has sex with a minor under the age of 13.
Because of this, many teenagers find themselves in situations in which they are near in age to each other, but still technically violating Illinois law.
For example, an 18-year-old high school senior having sexual relations with a 16-year-old high school junior could be found guilty of criminal sexual abuse. In Illinois, when a person commits a sexual act with someone under the age of 17, but over the age of 13, and the person is less than 5 years older than the minor, he or she is guilty of criminal sexual abuse – even if both participants believed the sex was consensual.
Again, consent is a legal term, not a factual term.
In fact, an Illinois a court has stated in that when “two minors engage in a consensual sexual act, the statute may validly be applied to prosecute both minors on the basis that each is the victim of the other.” Ultimately, it is possible that either minor may have to register as a sex offender, even though the sex was considered consensual.However, not all sex-related crimes are as clear-cut – such as the crimes commonly referred to as “statutory rape.” When most people use the phrase “statutory rape,” they are usually not referring to the crimes committed on the very young or vulnerable minors referenced above, but are instead referencing situations in which high-school aged children have consensual sexual relations with someone at or over the age of 17.The statutory rape laws, or the age of consent laws, in Illinois revolve around the presumption that anyone under the age of 17 cannot consent to sexual acts.At this age, “consent” is a legal term, not a factual term.To be blunt, a 17 year old boyfriend who touches, for his sexual gratification , the breasts of his 16 year old girlfriend has committed a sex crime, which could put him on the Illinois sex offender registration list.
We take the time to fully understand your side of the story and determine the best approach to building a defense specifically designed to address the unique details of your case.