If you have been charged with Statutory Rape in Illinois, you are facing severe consequences if found guilty. Statutory rape is considered a type of sexual assault. A Chicago sexual assault attorney can provide assistance on the possible criminal activity in your case. A sexual assault crime is dependent upon on the age of the victim, if the defendant has been previously convicted of a criminal sexual assault crime, or if the defendant has been convicted of a similar sexual offense. Statutory rape laws vary by state. If you have been charged with a sexual assault crime, the best course of action is to consult a Chicago sex crime lawyer from Goldman & Associates.
Illinois State Law
Under Illinois State Law 720 Ill. Comp. Stat. Ann. 5/11-1.20, statutory rape is punished under sexual assault crimes. A person that commits criminal sexual assault commits an act of sexual penetration and either:
- Uses force or threat of force;
- Knows the victim is unable to understand the nature of the act or unable to give knowing consent;
- Is a family member of the victim and the victim is under 18 years of age; or
- Is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age, but under 18 years of age.
Historically, statutory rape has been a “strict liability” crime, where it is irrelevant that the defendant believed the victim was old enough to consent to the sexual activity. A person is deemed unable to consent to sexual intercourse in Illinois if he or she is under 17 years of age, regardless of the age of the defendant. However, there are defenses to Statutory Rape that could be used in trial.
Criminal Sexual Assault
For a first time offender, the crime is classified as a Class 1 Felony, carrying a prison term of 4 to 15 years.
For a subsequent offender who has had prior convictions, in Illinois or in any other state of an offense substantially similar to these offense, commits a Class X Felony, carrying a prison term of 30 to 60 years.
Criminal Sexual Abuse
Sexual activity with someone under 17 years of age is treated as a Class A Misdemeanor under two situations:
- If the victim is at least 9 years of age and the defendant is less than 17 years of age; or
- If the victim is at least 13 years of age and the defendant is less than 5 years older than the victim.
A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct. Your lawyer can advise you how to defend against criminal sexual abuse charges.
Contact a Chicago Defense Attorney if Accused of Statutory Rape:
If you are facing criminal prosecution for any sex offense related crime or have been charged with statutory rape, Goldman & Associates can assist you in understanding and protecting your legal rights. The skilled and reputable criminal attorneys at our firm are here to represent and navigate your legal rights.