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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.
Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.
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.
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.
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.
Contact our office today for a free initial consultation to discuss your case and learn more about what we can do to help you.
Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years.