What Is the Age of Consent in Illinois?
Consent is a fundamental concept in both civil and criminal law. When it comes to areas of the law that are beyond our area of expertise, such as criminal law, we often rely on a common understanding of what certain legal principles mean. One of these principles is consent. Consent is most commonly used in the area of sexual offenses, which are almost always charged as felonies, and can carry hefty prison sentences and lifetime registration as a sex offender. But in what circumstances do we even talk about consent in a criminal context? The most common example would be affirmative consent to sexual activity given by one person, and then allegedly violated by another. Under Illinois law, the crime of sexual assault generally requires that the assaulted party not give legal consent under the law. However, consent is not a term that is confined to one area of the law. It can also be used in many different contexts, and be defined by different terms , such as implied consent, informed consent, and much more. A common understanding of consent in criminal law is that it is the voluntary, positive agreement between two parties to engage in a sexual act. Because consent is so central to criminal law of this kind, there has been an increasing push to clarify the legal age of consent in Illinois under the law. The age of consent in Illinois is currently 17 years old, meaning that any sexual activity with a person under the age of 17 would be considered a crime, and could lead to criminal charges. The legal age of consent has always been 17 in Illinois, but many have been arguing that this is too high, especially in cases where the individuals involved are very close in age. In addition to setting the age of consent at 17, Illinois law does not allow a person in a position of trust, authority, or supervision over the person to have any kind of sexual relations with him or her.
The Meaning and Impact of Age of Consent
In Illinois, a significant legal consequence of violating the age of consent laws is being charged with statutory rape. Statutory rape can be charged if an adult has consensual sex with a minor, as well as if the minor has sex with another minor. Since there are laws that exist to protect minors from harm, various conditions could lead to statutory rape charges, including: In Illinois, statutory rape can be charged in two different forms. If the defendant is older than the victim, he/she can be charged with first-degree criminal sexual assault. This is a Class 1 felony and is punishable by four to 15 years in prison. If the defendant is younger than the victim, he/she can be charged with a Class 4 felony. This is punishable by one to three years in prison and two years of supervised release. If the victim is under the age of 18, he/she is required to testify. However, this is an exception that allows them to testify without being subjected to a witness’s oath or cross-examination. The person who violated the statute could be given immunity. Violating age of consent laws in Illinois is considered a Class A misdemeanor. This is punishable by one year in prison and a $2,500 fine. In cases of repeat offenders, he/she will be charged as a class 4 felony, which comes with the possible penalties of three years in prison and a $25,000 fine. In Illinois, statutory rape laws allow for several defenses and exemptions that can help with mitigating or even eliminating the consequences. If the offender was below the age of 17 and he/she had engaged in sexual conduct with the accused during the previous three months after the alleged crime took place, the law would grant an exemption, as long as the conduct was not criminal. The exemption will not be granted if the victim reported the defendant to the police or the defendant was a guardian or teacher of the victim. If the defendant is under the age of 21, he/she will not be prosecuted for statutory rape, as long as he/she was less than five years older than the minor. In this case, the perpetrator has violated a law but not the statute of limitations, which refers to how long the government can wait before charging the defendant.
Exceptions to the Law and Close-in-Age Rules
While the basic age of consent in Illinois is 17, there are some exceptions and close-in-age provisions under both Illinois and federal law. For instance, the Romeo and Juliet laws legally allow minors who are close to the age of consent to have sex without fear of prosecution. Illinois law allows for some close-in-age exceptions from the general 17-year-old age of consent requirement. Illinois law provides an exemption to the child pornography prohibition for those at least 13 years old who are in a dating relationship with another and the sexual performance is not for commercial purposes. Further, if a person engages in sexual intercourse with a person who is 13 years old or older but younger than 18, then they will not be found guilty of criminal sexual assault under the age of 10 years older than the victim. Illinois law allows a person to be prosecuted for criminal sexual assault under 720 ILCS 5/11-1.20 when they are engaged in sexual conduct with a person at least 13 years old or older but younger than 18 years old, and the person is less than 5 years older than the victim. The law protects those who engage in sexual activity if their age difference with the victim is four years. As such, it applies to persons who are 13 to 17 years old and who have sex with another person at least 13 years old but younger than 18 years old. However, if a person is more than 17 years old and engages in sexual conduct or has sex with a minor, then they will likely be prosecuted for having criminal sex with a child by the state. This ranges from a Class A misdemeanor for a person who is 18 years old having sex with a person younger than 17 years old, to a Class X felony for a person who is 43 years old having sex with a person who is 18 years old. A few different close-in-age exceptions exist under Illinois law. One such exception is provided under Illinois’s Romeo and Juliet exemption. While this exception does not specifically refer to the legal age of consent, it allows persons to engage in sexual conduct or have sex without fear of prosecution if their age difference is within a specified range.
The Legal Terminology of Consent, Coercion, and Age Discrepancy
Consent is not just a prerequisite to a sexual relationship under Illinois law. Consent is also a defense to statutory rape charges, which are defined by 720 ILCS 5/11-1 for different offenses involving underage victims, specifically under 17 year of age. When your attorney tries to convince the state that you had the victim’s consent, he or she will be speaking of "affirmative defense." The term consent means that in order to consent, you must know the age of the other party. If the victim did not have the mental capacity to consent then the victim was technically not capable of giving his or her consent. This is why young girls are usually off limits to much, much older men.
Coercion and persuasion are also illegal in the state of Illinois. In other words, coercion means that you used force or a threat of force to compel the victim into a sexual situation. In contrast, "persuasion" simply means that you had domestic authority over the victim. If you were developing a sexual relationship with a child you ended up "coercing" into sex, that would be considered a crime. It doesn’t mean that you weren’t in love or weren’t developing a love relationship with that child . Things like only date nights at home, getting the victim to stay away from childhood friends, and even developing a toxic relationship with a child can also lead to charges and conviction. The language used for this law is purposely as vague as possible so that it can serve a broad range of unlawful situations.
To clarify it even further for you, here are two examples to explain these legal terms.
By definition, an arranged marriage is one in which the parents determine who will be married to whom. This is legal in many countries, but illegal in others. Even if the parties agree with the arrangement, the marriage is illegal in the state of Illinois if it is between an adult and a minor. As we have often seen in theory, if this 45-year-old were to marry and produce children with the 11-year-old, also known as Jane, the gestation period alone would leave Jane still a minor.
The difference between these examples is that Adam and Jane were capable of giving consent to one another, Jason was not. The difference in youth between the two parties will ultimately determine if there is consent in the agreement or agreement for sex; therefore, if it was not possible for Adam and Jane to give consent to one another, there can be no consent given in the field or in court for their actions.
If You’re the Parent or Guardian
Advice for Parents and Guardians on Talking to Children About Age of Consent and Related Issues
A constructive and open dialogue with children about sexuality and relationships is vital. The National Sexual Violence Resource Center suggests the following sample questions parents and guardians may want to consider to foster such a dialogue. These questions are intended as guides, but the appropriate depth and detail of such conversations will vary with the unique needs and level of maturity of each child.
Educate and talk with your child early on. When it comes to sex and relationships, it’s best to create an atmosphere in which your child feels comfortable coming to you with questions and concerns. In most cases, it’s extremely important to open the lines of communication early and honestly.
Ask open-ended questions to encourage and nurture dialogue.
Listen actively and empathetically, acknowledging her feelings.
Ask clarifying questions.
Allow him to talk as much as she wants.
Tell him it’s fine to disagree with you and that his feelings are always valid.
Reassure that he is not to blame if he feels uncomfortable with a teacher or coach.
Help him understand when it’s OK to seek adult help.
Prepare him for what young people experience and to recognize the positives and negatives.
Leave the door open, so he’ll return to you repeatedly to discuss issues again.
Be aware signs of discomfort in your child or symptoms of abuse like withdrawn behavior, inappropriate fear of certain adults, unexplainable injuries, or repeated delinquent behavior. Use safe words like, "I’m here if you ever need to talk," that the child can use if he/she is ever in trouble.
If, during the course of talking, you learn that your child has been the victim of a sexual offense, be supportive and non-judgmental. Listen carefully to what she says and be respectful of her feelings. It’s also important to remember that even if she says she does not want to go to authorities, it may still be your parental or legal obligation to do so. Make no threat of punishment or harsh treatment if he doesn’t provide the information you are seeking. Never blame your child for the abuse. In addition to stopping the abuse, this is one of the most important ways to promote healing.
Resources and Legal Guidance
There are a variety of resources and legal assistance options available in the state of Illinois and nationally. A range of services is available to victims and those accused of sexual offenses. In particular, the Illinois Governor’s Office of Criminal Justice offers information on sex offender registration requirements and a range of sex offender management resources, including community treatment programs and victim assistance services . The Illinois Department of Children and Family Services offers search resources for unreported runaways and more. For those facing sexually related criminal charges, legal assistance is available through the Illinois State Bar Association. The organization provides the "Find a Lawyer" service, through which members provide a free initial consultation with a lawyer to answer questions and evaluate legal requirements.