Illinois law dating minor

Added: Rayshawn Liptak - Date: 08.02.2022 19:49 - Views: 29238 - Clicks: 6462

When underage girls get pregnant, the father may catch a break from "statutory rape" charges depending on the difference in age between the lovers and the nature of their relationship. Need advice? Callleave your infoor schedule a consult. I get one of these questions about once a week:. Scenario I: a young woman calls to say she is 15 or 16, has been messing around with a 19 y.

BF, they're in love and plan to marry and be a family. Scenario II: a young man calls in to say he's 19 or 20, his GF is 15 or 16, they've been having sex and her parents found out and now they're threatening him with prosecution for "statutory rape". The answer is "it depends on the difference between "sexual conduct" and "sexual penetration," and it depends a LOT on the success of the relationship.

There is so much puritanical, judgmental, obsolete information about this topic online, however, that these young folks are terribly misled and that makes a difficult situation much, much worse. So, here's what you need to know:. Age of Consent: In Illinois, the age of consent is Our law says that it's impossible for under the age of 17 to knowingly consent Illinois law dating minor sex. Even if he or she voluntarily engages in sex, even if he or she brings up the subject and suggests sex, even if he or she initiates sex. If a year-old has sex with a year-old, the year-old may be charged with criminal sexual abuse.

If two 15 or year-olds have sex they each may be charged with criminal sexual abuse of the other. Once turns 17 he or she may have consensual sex with anyone and the partner need not fear criminal prosecution. There is one exception, however: if the adult partner is a person with authority over the year-old, then the age of consent is boosted to These cases crop up where the adult is a step-parent, a teacher, a coach, a leader of a church youth group, etc.

The Crimes: Illinois doesn't have a law called "statutory rape. What you need to focus on is no. The difference between Criminal Sexual Abuse and Criminal Sexual Assault is the difference between "sexual conduct" and "sexual penetration.

Criminal Sexual Abuse means "sexual conduct," which means "touching or fondling. Criminal Sexual Assault means "sexual penetration" which means "any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

The law defines Criminal Sexual Abuse as:. Criminal sexual abuse. Criminal sexual abuse for a violation of subsection b or c of this Section is a Class A misdemeanor. The law says that if one of the partners is Illinois law dating minor 17 but both partners are within 5 years of age of each other, then it doesn't matter is if it was just "touching or fondling" or if it went all the way to sexual penetration, "cunnilingus, fellatio, or anal penetration" -- the crime drops from a felony to a misdemeanor.

That's like "disorderly conduct" or "public intoxication. Romeos need to focus on paragraph c. Even if Romeo KNOWS the victim is under age 17, as long as the age difference is less than 5 years, a first-time offense is only a misdemeanor. He's probably looking at probation and maybe some community service. Criminal sexual assault. Older Romeos run into trouble with paragraph a 2 -- they know, or should know, that a victim under the age of 17 is unable to give knowing consent. Criminal Sexual Assault is a Class 1 felony 4 - 15 years imprisonment.

Usually, there is no statute of limitations -- a prosecution may be brought at any time -- but there is one, BIG, exception. If she blows that deadline, the State may not prosecute. The law says:. General Limitations. Clause 2 of this subsection a applies if either:.

Extended limitations. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. Those registration requirements are very burdensome, very damaging, inescapable, and typically last for 10 years. This is a real problem. If criminal charges are filed against the father, he probably won't go to jail and even if he does the most he'd be looking at is days -- tops. If he is charged and ple guilty or is convicted or does anything other than obtain a dismissal or win an acquittal, however, he MUST register as a sex offender in the Illinois Sex Offender Registry.

That will almost certainly kill any hopes of a decent job, military service, and even college acceptance. The Registry is poison. It doesn't make sense for the father; it doesn't make sense for the mother; it doesn't make sense for the baby, and it doesn't make sense for the State.

The law seems to be wrong on many levels, but those gripes are beyond the scope of this site -- you canhere. Just when the mother and baby need the father to be employed, to serve as a breadwinner and support them, his financial life will be demolished. That will likely make the mother and child and possibly the father, too dependent on the State. The existing law destroys potential families -- my suggested change would give them a chance. Teen pregnancy, in and of itself, does not rise to the level to trigger reporting by medical staff.

If medical personnel have a reasonable belief that the minor was sexually assaulted by a family or household member, under the Illinois Abused and Neglected Child Reporting Act the abuse must be reported to DCFS. Such reporting requirements arise where medical staff reasonably suspect that a family or household member or an adult with authority over the minor a teacher, youth group leader, etc. DCFS investigates cases of child sexual abuse when the perpetrator is a family member, a person living in the home of the child, or a person in a position of trust or authority e.

DCFS will investigate parents and guardians for permitting the sexual abuse of if the parent or guardian takes an active step to encourage abuse. DCFS will not investigate most teen pregnancies. What to Do: Firsttalk with a lawyer -- you've got a lot on your plate and a lot of legal issues. You'll need a lawyer's help. Secondget the help you need to keep the mother in school. Don't avoid school because you're afraid of "mandatory reporting. If you need to go to the hospital do so. Hospitals don't have to report routine teen pregnancies as "abuse and neglect.

Only cases involving a father who is a family member, a person living in the home of the child, or a person in a position of trust or authority e. Be Aware: Although mandatory reporting is not triggered by teen pregnancy alone, mistakes happen. If a report is made, DCFS must investigate. If they investigate and another mistake is made, the father could possibly end up facing a criminal charge.

That criminal charge will only be a misdemeanor charge, but if convicted the requirement to register as a "sex offender" could be financially devastating for the father. Thirdconsider getting married. Parents must give consent for and year olds to marry. A marriage with parental consent should end any criminal sexual abuse charges. Fourthif Illinois law dating minor don't marry, talk with your lawyer and consider going to court to resolve issues of child supportparenting responsibilitiesand parenting schedules.

You can file papers to start your court procedure before the child's birth. It might be a bad idea, however, as any findings in that case i. Fifthtalk with your lawyer about whether to have the father the V. It would be nice to have the father the V.

Getting Help: The Illinois Department of Human Services used to provide a lot of resources for young parents and expecting mothers. Since the Great Recession, however, a reduction in state revenue has resulted in the termination of a lot of those services. Below is a list of providers of which I am aware. If you know of a provider not listed, let me know and I'll post the information for others.

Parents Too Soon PTS - PTS is a program that serves new and expectant Illinois law dating minor parents in high-risk communities through home visits and parent support groups. The goals of the program are to: 1 delay a second pregnancy, 2 use a contraceptive method effectively and consistently, 3 remain in and complete high school, and 4 ensure mother and child are healthy and prepared for school.

Services include intensive home visiting in addition to substantive training through membership in a peer support group. ISPP Providers:. Cook County. Advocate HealthCare. Oak Brook, IL Chicago, IL Cook County Department of Public Health.

Oak Park, IL Evanston Health Department. Evanston, IL Sinai Community Institute. Lake County.

Illinois law dating minor

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Illinois Statutory Rape Laws