What is the Age of Consent Under Illinois Law?
The age of consent in Illinois is 17 years old, which is the same standard as its neighboring states. Most other states use 16 years as the legal age of consent with a few outliers like Hawaii where the age is 19 years and Tennessee, where the numbers are 18 and 16 respectively. Illinois law does not treat sexual conduct differently based on sexual orientation; the legal age of consent for same-sex relationships is the same as it is for heterosexual relationships. The criminal penalty for a sexual offense such as statutory rape is much different for teenagers than it is for adults . Therefore, consensual sexual activity between two 17-year-olds may actually be considered illegal, although the person convicted would not have to register as a sex offender. To illustrate: A 19-year-old and a 17-year-old have sex. In this example, a felony conviction, jail time, and registration as a sex offender would be likely for the 19-year-old. The 17-year-old would likely face the same penalties if he or she is charged, and may be charged as an adult if 18 at the time of the offense.
How Laws About the Age of Consent in Illinois Have Changed Over Time
Although Illinois first enacted a law concerning the age of consent in 1874, the law regarding the consent of minors underwent major changes in 2010. In 2010, the General Assembly approved an amendment to the Criminal Code which increased the legal age of consent to 18 years from 17 years. Under the previous law, the legal age of consent for minors who were not disabled was 17 years of age. The 2010 amendment to Illinois law provided that "a person commits criminal sexual assault if he or she commits an act of sexual penetration and such act is committed by the use or threat of use of force or violence and the accused person knows that the victim will not have the ability to consent at the time of the commission of the act."
In providing the reasoning for the change to state law, the General Assembly noted that sexual abuse and exploitation are difficult to report and that the Illinois Department of Children and Family Services noted that "too many children are being negatively affected by sexual abuse and exploitation daily and that ultimately, it is a contribution to the cycle of violence." Additionally, the General Assembly cited to studies which "suggest that early sexual exploitation leaves long lasting trauma and difficulty in later forming healthy consensual relationships."
Exceptions and Special Rules
If a sexual relationship occurs where a victim is below the legal age of consent, the law does not just automatically assume that the relationship was a crime. Illinois allows for certain exceptions to the law, some of which might seem strange initially, but actually allow for prosecution of a whole lot of people if they are observed from a moral point of view.
One major exception is known as the close-in-age exemption, or the "Romeo and Juliet" exception. It provides leniency in sentencing when the victim and the offender are close in age. In many cases, these are mild-mannered couples who have never had sexual relations and were caught up in a moment of passion. In such cases, the law often will not charge for statutory rape, and even if charged, the punishment is usually lenient.
The exception has to do with who is being charged. It currently only applies to people who are between the ages of 13 and 18, and on the younger side of that, there are even more limitations. The relationship also has to be consensual, which would mean it cannot be obtained through coercion or manipulation. Even if the law suggests that equality in sentencing be applied with regards to all felons, this is not always the case when it comes to statutory rape.
The close-in-age exception currently only applies to girls. The age of consent is 17, but if that 17-year-old female has sex with a 17-year-old male, then the male is breaking the law, even if it’s considered consensual in all other standards.
Examples
Penny is 17, and her boyfriend, Mikey, also 17, is a star football player. During practice one day, Penny goes with him to make sure he doesn’t get hurt. They fall behind in finishing practice, and after a while, the tension between them reaches boiling point. Penny and Mikey have sex on the field after practice. A few weeks later, Penny reports the incident to the police, and Mikey gets charged with statutory rape.
Even though they were both 17, Mikey was found guilty of statutory rape and was sent off to prison. In this case, Mikey broke the law, even though Penny was the same age as he was.
In the 1970s, Adelle, a 17-year-old girl, moves from Connecticut to Chicago to live with her uncle (Ted), Aunt (Lisa) and cousin (Brian), who is 20 years old.
On Thanksgiving, Brian takes his sister, Erin, 12 years old, out for the night. Brian and Erin both know it’s wrong, and go to a motel, where Brian has sex with Erin and leaves her there the next morning. Ted finds Erin at the motel and takes her home and calls the police.
Brian was charged and sent off to prison for statutory rape.
Legal Consequences of Illicit Sex with a Minor
The legal penalties for sexual offenses in Illinois are strict, as you might expect. They can have a serious impact on your future – particularly in the form of mandatory registration as a sex offender. This means that you will have to register your residence with your local sheriff for a minimum of 10 years (and potentially up to life). Every time you change your residence, you need to update the local sheriff. After 10 years, if you have completed your sentence and stayed out of trouble, you can petition the court to reduce or eliminate this requirement. If you do not update the sheriff every time you move, you can face additional imprisonment time, as well as other legal ramifications. If you are accused of violating the age of consent laws in Illinois, you will be charged with a felony. The law states that those 17 and older who are convicted for violating consent laws can be imprisoned for up to 20 years. Those 16 and younger can be imprisoned for up to 30 years. Additionally, you could be fined up to $25,000. Additionally, you may be required to get sex offender treatment as a condition of your probation. You could also be jailed or imprisoned for failing to successfully complete your treatment. There are some people who will use any accusation of criminal activity to manipulate and attack another. If you are the target of an Illinois consent law investigation, it’s important that you have the skillful counsel of an experienced criminal defense lawyer.
The Age of Consent in the Illinois Criminal Justice System
The concept of consent is fundamental to many criminal offenses in Illinois, and its legal significance is difficult to overstate. In cases where minors are involved, the legal age at which a person may give, or withhold, consent is often crucial.
To elaborate, any sexual contact that occurs with someone under the legal age of consent is inherently against the law and constitutes a crime, no matter whether it was intended or not. In terms of intent, an adult who has the means to do so must obtain consent beforehand; if there is the slightest indication that consent is not given or withheld, the adult must be sure to refrain from sexual contact.
But once consent is given, it may also have implications for the prosecution and defense of a sexual crime. For instance, in a criminal sexual assault charge, if the defendant can show that the victim actually consented to sexual activity, or that the defendant reasonably believed the victim did , the charge will likely be reduced from a Class 1 felony to a Class 4 felony, while the crime of Aggravated Criminal Sexual Assault may be downgraded if the defendant can prove that he or she reasonably believed that the victim was at least 17 years old and had given consent.
Further, the objective indication of consent, defined as forceful physical resistance accompanied by a threat of physical force, does not include voluntary submission, as a matter of law.
As far as defenses go, diminished capacity can be a strategy in cases where the defendant has some sort of mental illness or disorder, such as a developmental impairment, that renders him or her incapable of understanding the significance of a certain interaction. This means that a defendant must have been incapable of knowing that he or she was committing a crime even while physically disturbing the body of another person.
And, intoxication can be a defense if the defendant is found to have been involuntarily intoxicated at the time of the offense.
Teen and Parental Resources for Questions About the Law
There are a number of excellent resources for understanding the laws of consent in Illinois. One is a pamphlet available from the American Bar Association, which explains statutory rape laws in each state in an easily accessible format. Know Your Rights is aimed at teens and young people and offers an overview of your rights, but there may be problems with accessing the information legally if you are underage. However, this organization also offers a great resource for parents looking to understand the laws and their enforcement. The Illinois Department of Children and Family Services has a comprehensive overview of relevant laws in the State of Illinois. Illinois Legal Aid Online is a fantastic resource. If you are looking to understand the law, penalties, and more, this is a valuable site.
Public Perception and the Broader Cultural Reality
In Illinois, the age of consent is legally defined as the age at which a person is considered capable of consenting to sexual activity. The legal age of consent in Illinois is 17 years old, meaning youth below this age may not give valid consent to sexual activity; however, this law does not exist in isolation. The age of consent is not simply a matter of legal interpretation – it speaks to broader cultural conversations about agency, responsibility, and the role of youth in society, and is often subject to various cultural interpretations.
From a legal perspective, the age of consent can be seen as a protection of youth. The law indicates a shift towards valuing the agency and maturity of individuals at 17 years old. Yet culturally, there are debates about whether or not youth are ready to handle the responsibilities that come along with sexual agency. Certain populations within Illinois have begun to recognize the need for a more comprehensive sexual education, one that incorporates information about legal rights and responsibilities, consent, and relational dynamics. This has implications not only for sexual behavior but also for other areas of life such as academic integrity, professional development , and personal relationships.
The Illinois Department of Public Health and Illinois State Board of Education have focused on youth education surrounding sexual health and anti-bullying behavior in order to provide youth with the tools to navigate complex social subjects. Their effort has been a response to the trend of sexual violence and bullying in schools, and the perception that youth are lacking the ability to deal with these topics. In response to the perception that more education is needed, new statewide legislation was passed in 2019 that mandates the teaching of sex education that meets certain requirements. In order to meet the requirements set forth in the legislation, schools must include comprehensive courses that address consent and healthy relationships in their curriculum for all students in grades 6 through 12.
The new legislation mandates that schools must prioritize the teaching of consent. In addition to the curriculum standards set forth in the legislation, schools must ensure that consent is addressed both in health and sexual education classes. This is an important development in the dialogue around the age of consent. By mandating that sexual education courses provide information about consent and healthy relationships, all students are being exposed to the law as it relates to sexual behavior, as well as accurate information about the topics that are commonly misconstrued or ignored by traditional sex education programs.