Illinois Statutory Rape and Age of Consent Laws – Updated

If you are facing allegations involving a minor in Illinois, it’s important to understand Illinois statutory rape and age of consent laws. Sex crime accusations are serious under Illinois law, and an innocent mistake or misunderstanding about age, consent, or the nature of your relationship can result in felony charges, mandatory registration requirements, and a lifetime of consequences.

What Is the Age of Consent in Illinois?

Illinois sex crime laws state that the age at which an individual is able to consent to sexual activity is 17 years old. If a person is under the age of 17, they cannot legally consent to sex with an adult, even if they say yes or are the one who initiated sexual contact. Sexually touching or interacting with a person under the age of consent can lead to Illinois statutory rape charges or other criminal charges, depending on the circumstances.

If a minor agrees to have sex or presents themselves as consenting to sexual activity with an adult, the relationship can still be prosecuted as a sex crime. Illinois law is clear about the age of consent and sex crimes, regardless of whether the minor seemed mature for their age, looked older than they were, or was your significant other.

How Statutory Rape Is Defined in Illinois

While Illinois has done away with statutory rape as a specific charge in the Criminal Code, the concept still applies to various crimes involving illegal sexual activity with a minor. Depending on the ages of both parties and the nature of the sexual conduct involved, the charge could fall under criminal sexual abuse or criminal sexual assault. Factors that most often influence these outcomes include:

• The age of the minor
• The age difference between the two parties
• Whether one has been accused of using force or coercion
• The specific sexual activity involved
• Whether the accused has prior convictions

Depending on the crime, penalties range from misdemeanor offenses to serious felonies with decades in prison. Some convictions will also require registering as a sex offender. A sex offender registration will impact where you can live, work, and travel throughout your life.

As of June 30, 2024, there were 4,333 individuals arrested for sexual assault/rape in Illinois. This was the second most common offense, resulting in 14.9% of arrests. An additional 645 were arrested for a sex related offense.

Close In Age Considerations

The Illinois statute recognizes that not every age-based situation is predatory. In specific situations, authorities can use close-in-age factors to lessen or adjust charging decisions. These rules are complicated and fact-specific, and should not be relied on to prevent arrest or prosecution.

Some people misinterpret the technical nature of legal rules to think that defendants who are only a few years older are exempt from charges. Unfortunately, that is not how police officers or prosecutors look at these allegations. This is why it is crucial to have an experienced sex crime attorney assist you in your sex crime case.

Local Considerations

Sex crimes in Madison County are taken very seriously, and cases are usually prosecuted aggressively, especially those involving minors. The local police department will usually investigate these types of cases, but depending on the circumstances, the Madison County State’s Attorney’s Office and federal agencies may get involved as well.

The courthouse where most sex crimes are heard is the Madison County Courthouse, located in downtown Edwardsville. The courthouse can be accessed from North Main Street, St. Louis Street, or nearby Route 159.

About The Law Office of Jessica Koester, LLC

The Law Office of Jessica Koester, LLC, is located in Edwardsville, Illinois. We are located right across the street from the Madison County Courthouse at 155 North Main Street, Edwardsville, IL 62025. Jessica focuses her practice on criminal defense only and has decades of trial-court experience in both Illinois and federal court.

Jessica is known around East St. Louis and the Metro East area for her advocacy and preparation of clients who are facing serious criminal charges, including sex crimes. Located right next to the Courthouse, Jessica’s knowledge of the judges, prosecutors, and general court procedures allows her to provide effective, local representation throughout the entire case.

FAQs

What Is the Statutory Age of Consent in Illinois?

The age of consent in Illinois is 17 years old. In Illinois, a minor younger than age 17 cannot consent to sexual activity with an adult partner. It does not matter if the younger person seems agreeable to sexual activity or even initiates it. The consent is not recognized by Illinois law, and criminal charges may still apply based on the ages of those involved and the behavior accused of occurring.

What Penalties Can Someone Face for Statutory Rape in Illinois?

Sentences for statutory sex offenses in Illinois depend on the specific offense, age of defendant and victim, and circumstances of the crime. Punishment can range from jail or prison sentences to probation, fines, counseling, and sex offender registration. Some misdemeanors can result in long-term consequences when faced with difficulty finding employment or housing, or personal stigma.

Are 17-Year-Olds Considered Adults in Illinois?

A person who is 17 years old is still not considered an adult in the state of Illinois for most purposes. Although Illinois law defines 17 years old as the age of consent, they are still counted as a minor with regard to criminal, civil, and family law. This means that while they can legally consent to have sex, they are still given other protections under the law as a minor in Illinois.

What Is the Five-Year Statute of Limitations in Illinois?

Illinois does not use a blanket five-year rule for all crimes. Three years is the statute of limitations for many felonies. Some crimes allow five years or more. Additionally, many sex crimes against children have extended time frames or no time limit at all. This means Illinois can file charges years after the alleged abuse took place.

When to Hire a Sex Crime Lawyer in Illinois

Illinois statutory rape and age of consent violations are frightening to hear you’ve been accused of, especially if you thought your relationship was legal. Your future path depends on how you respond after learning about the accusations against you. To ensure your freedom and future aren’t taken away from you, hire a sex crime lawyer who can fight for you. The Law Office of Jessica Koester, LLC, can help. Contact us today to get started.