The Illinois Consent Age Explained

What is Illinois Statutory Rape Age?

In the state of Illinois, the age of consent to engage in sexual activity or to marry is set at 17 years old. This means that generally, persons younger than the age of 17 are not authorized under Illinois law to consent to act as the result of a sexual relationship or to marry. This rule, however, contains two important exceptions:
The first meaningful exception to the 17 year-old rule involves any person (male or female) who is pregnant or gives birth to a child. Ill. Comp. Stat. § 12-15. This means that once a person becomes pregnant, even if she is 16 years old and unmarried, she can engage in sexual activity and marry without any interference from Illinois law .
Most relevant to our readers, the second meaningful exception to the 17 year-old rule applies when a minor (as defined by the court) marries another minor under the age of 17, when the marriage is authorized under Chapter 750 ILCS 5/215. This exception, unlike the exception for the woman who is pregnant or gives birth to a child, does not contain any additional caveats or qualifications. Thus, a minor can be 15 years old and marry another minor (also 15 years old) and the court should authorize the marriage.

Statutory Meaning of the Illinois Age of Consent

Failure to adhere to the legal age of consent in Illinois could have serious legal consequences. Most often, such consequences come in the form of sex crime charges. To engage in sexual activity with someone who is below the legal age of consent is known as sexual assault. Criminal sexual abuse occurs when such activity transpires out in the open or a person forces a victim to engage in sexual activity without consent.
Offenders are charged in accordance with the severity of their crime. If a perpetrator uses force or threat tactics of any kind, for example, they can be charged with criminal sexual assault, which is a Class 1 felony punishable by 4 to 15 years in prison and a fine of $25,000 per victim, along with a minimum of 3 years of parole. Criminal sexual abuse, for which a victim is sexually penetrated in any manner, is a Class 2 felony, punishable by up to 7 years in prison and a fine of $25,000, along with a minimum of 3 years of parole.
Another form of sexual crime is enticement of a child, which occurs when a person convinces a minor to meet them, or even travels a significant distance to accomplish this task. Enticement of a child is a Class 3 felony, which means the offender may face 2 to 5 years in prison and a fine of up to $25,000.

When the Illinois Age of Consent Doesn’t Apply

Many states, including Illinois, have close-in-age exemptions for the law. Illinois law exempts two people from prosecution for sexual conduct if both people are at least the age of consent if they were married. This means the age of consent in Illinois is raised to the legal age of marriage. In Illinois the legal age of marriage is 18 so that means even those who are 17 years old would be exempt.
Another exception is the Aggravated Criminal Sexual Assaults with a victim between 9 and 17 years old. In these cases, even if the victim is age of consent, they have been aggravated. These cases are those where there is a known dangerous weapon used to threaten, or cause physical harm to the victim. However, if there was no weapon, there was no threat or physical harm and there was consent between the victim and the person over 17, there are no additional charges added.
One last exception to the law is when the victim was a dependent child. If the person was under the age of 18 and a dependent child, then there is no consent because one person is clearly abusing a position of power over another. In these cases, the crime has been aggravated and it is not actionable at all. This also includes those who are physically impaired or incapacitated so they are unable to consent.

How Does This Compare to Other States?

In comparing Illinois law regarding the age of consent with similar laws in other states, specifically states neighboring Illinois, one most commonly finds exceptions for close-in-age scenarios or "Romeo and Juliet laws." However, the Illinois penal code makes no such exception for close-in-age scenarios.
The laws in neighboring states vary. In Wisconsin, the age of consent is 18. In Iowa, the age of consent is also 18. However, in Indiana, the age of consent is 16. North of Illinois is Michigan, where the age of consent is also 16. South of Illinois is Kentucky, where again the age of consent is 16, as it is in Indiana and Michigan. Missouri is southwest of Illinois. In Missouri, the age of consent is 17, which does not fall in line with any other surrounding states .
As mentioned, the Illinois code allows no exception for close in age scenarios. A more conservative approach than surrounding states, Illinois’ law has a lower threshold for providing a legal defense to a violation of the statute. This signifies a distinction from some other jurisdictions that permit a defense based on a greater age difference between the alleged victim and offender.
One of the most comprehensive exceptions for close-in-age offenses is in Florida. In Florida, the minimum age of consent is 18, but a close-in-age defense is created by Florida’s statute declaration that any person under 24 years may not be convicted of the crime of sexual battery for an offense against a person 16 or 17 years of age if the offender has not previously been convicted of a sexual offense proscribed in Florida’s statutes.

Consent, not just Age

When determining the legality of a sexual encounter, knowing the age of consent is necessary but not sufficient. The law requires more than a simple yes or no answer to the question of whether someone is old enough to give consent and much of that additional information is grounded in concepts that are intuitive to almost everyone but are far from perfect from a legal standpoint. Consent must be mutual; even two adults of sufficient age cannot engage in sexual conduct unless both are willing participants. The bedrock of this idea is that one or both parties is inebriated (out of control) and unable to reasonably give consent. Most people are familiar with the concept that consent given while under the influence is actually coerced consent, not voluntary enthusiasm. Further complicating the state of consent under Illinois law is the concept of coercion. Although many people can understand that if one party accuses another party of sexual misconduct, the responding party has the burden of proving that cohabitation was voluntary, the idea that this extends even to parties who have been cohabitating for years is a little tougher to digest. The overwhelming idea to take away from all these caveats to the age of consent in Illinois is that consent is a complex legal issue and while it appears to be at the heart of many criminal cases, it does not merely exist in those spheres.

Resources and Legal Help

For more information, clarification, or concerns regarding the legal age of consent in Illinois or applicable statutory rape laws, individuals can access vital legal resources. The Illinois State Bar Association offers a "Find a Lawyer" tool on its website (www.isba.org). Users are asked to provide details about their issue and complete a brief registration. They will then obtain contact information for one or more attorneys in their jurisdiction who can assist with their legal needs. (ISBA membership is open to attorneys licensed to practice law in Illinois.) The Marriage and Family Institute keeps a web page of legal resources for youth and families, including publications to help navigate the court system, domestic relations, child abuse, shelters, domestic violence , and child support.
The Office of the Illinois Attorney General maintains a 24-hour hotline that provides assistance to call and ask questions about the office’s programs and services: 1-800-243-5614. Illinois residents under 18 may contact the Illinois Statewide Automated Victim Notification System, or VINE, which allows crime victims, their families, and others concerned about the victim’s well-being to call in to learn about a victim’s whereabouts throughout the criminal justice process. The phone number is 1-877-329-2287. The Illinois Coalition Against Sexual Assault is another resource for sexual assault assistance in Illinois. The Crisis Center South Suburbs provides victims and survivors with resources and assistance. Their number is 1-708-748-553TV.