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The Law

The age of consent to any type of sexual activity is 17 in the State of Illinois.

The Illinois Criminal Sexual Assault Law of 1984 generally divides sexual assault crimes into two types:

1. Crimes involving sexual penetration
2. Crimes involving sexual conduct

Statutory Definitions

Consent: A freely given agreement to the act of sexual conduct or sexual penetration in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

720 ILCS 5/12-17 (a)

Withdrawal of Consent: A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.

720 ILCS 5/12-17 (c)

Family Member: Means a parent, grandparent, or child, whether by whole blood or half blood or adoption and includes a step-grandparent, step-parent or step-child. “Family Member” also means, where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least one year.

720 ILCS 5/12-17 (c)

Force or threat of force: Means the use of force or violence, or the threat of force or violence, including but not limited to the following situations: The accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believed that the accused had the ability to execute that threat; or when the accused has overcome the victim by use of superior strength or size, physical restraint or physical confinement.

720 ILCS 5/12-17 (d)

Criminal Sexual Assault — Criminal Sexual Assault occurs when the accused commits sexual penetration and any of the following conditions exist:

• Force or threat of force, or
• Defendant knows the victim does not understand the nature of the act, or victim is incapable of consenting, or
• Victim is under 18 and the accused is a family member, or
• The victim is at least 13 years old but under 18 years old and the accused is 17 years of age or older; and held a position of trust, authority or supervision in relation to the victim.

720 ILCS 5/12-13

Aggravated Criminal Sexual Assault — Is Criminal Sexual Assault plus 1 of 10 aggravating factors:

1. Dangerous weapon
2. Bodily harm
3. Threatening life of victim or other
4. Commission of other felony
5. Victim over 60
6. Victim physically handicapped
7. Accused delivered any controlled substance to victim
8. Accused was armed with a firearm
9. Accused discharged a firearm
10. Accused discharged a firearm during offense that caused great bodily harm or death to another person.

720 ILCS 5/12-14

Predatory Criminal Sexual Assault — Occurs if the accused who is 17 years old or older sexually penetrates a victim who is under the age of 13 years old when the act occurs. If the accused causes great bodily harm which results in permanent or life-threatening injuries, or the accused delivered a controlled substance to the victim, a more serious sentence will be imposed. 720 ILCS 5/12-14.1Criminal Sexual Abuse— Criminal Sexual Abuse occurs when the accused commits:

• Forcible sexual conduct, or
• Sexual penetration or conduct with a victim who was at least 13 years old (but under 17) and the accused was less than 5 years older than the victim. This is commonly referred to as “Statutory Rape” (Not a legal term in Illinois).
• Sexual penetration or conduct with a victim who was at least 9 years old (but under 17) and
  the accused was under 17.

720 ILCS 5/12-15

Aggravated Criminal Sexual Abuse — Occurs when the accused commits any act considered Criminal Sexual Abuse, and any one of the following aggravating factors is present.

• Uses or threatens to use a dangerous weapon, or
• Causes great bodily harm to the victim, or
• Acts in a way to threaten the life of the victim or another person, or
• Perpetrates the abuse during the commission or attempted commission of another felony, or
• Delivers a controlled substance to the victim without her consent.
• Victim was age 60 or older when the offense was committed, or
• Was a physically handicapped person
• Victim = 17 years or under
  Accused = Family member
• Victim = 12 or under
  Accused = 17 years or over
• Victim = 13 thru 16, if force or threat of force
  Accused = 17 years or over
• Victim = 8 or under
  Accused = under 17 years
• Victim = 9 thru 16
  Accused = under 17 years and force or threat of forceOr sexual penetration,
• Victim = 13 thru 16 and
  Accused = at least 5 years older
• Victim = severely or profoundly mentally retarded
  Accused = any age
• Victim = 13 thru 17
  Accused = 17 years or over and held a position of trust, authority or supervision in relation to the victim