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A position of authority can include a coach, teacher, church leader, or any other position where a claim can be made that the accused was an authority figure of the other. If a person is in a “position of supervision” of another, the age of consent becomes 18 years of age. In other words, the accused had a valid reason to believe that the other persons age was at, or beyond, the legal age of consent. An arrest and criminal prosecution is much more likely when there is any type of disparity in age.Īn affirmative defense to any sex crime where the “victim” is under the age of consent is that the accused reasonably believed that the “victim” was of legal age. Prosecution for the examples cited above are rare, but they illustrate the nature of Illinois’ age of consent law. Such sexual activity is a crime for which both could be prosecuted, if there was mutual sexual conduct because the “age of consent” has not been reached.
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Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list. 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. At this age, “consent” is a legal term, not a factual term. Voluntary sexual activity with someone younger than 17 is not “consensual” sexual activity as far as Illinois law is concerned.
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Sexual conduct is the touching of any sex organ of another.
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This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct. Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years. Illinois Age of Consent Lawyer Joliet Sex Offense Criminal Attorney