Statute of Limitations in Illinois

**jkid3** · 02-28-2007, 11:57 PM

I am a 23 year old guy who has a two year old daughter by an 18 year old girl. She was pregnant at fifteen and I was 20. The sex was done with consent, but I am afraid that after 3 years I will be charged with statutory rape by her father when he finds out. What is the Illinois law statue of limitations for statutory rape?

**Mr. Knowitall** · 03-01-2007, 06:16 AM

What is it he's going to find out? That you've been in a sexual relationship with her for the past four years, and the child's "unknown father" is you?

**Baystategirl** · 03-01-2007, 06:42 AM

Quoting jkid3

I am a 23 year old guy who has a two year old daughter by an 18 year old girl. She was pregnant at fifteen and I was 20. The sex was done with consent, but I am afraid that after 3 years I will be charged with statutory rape by her father when he finds out. What is the Illinois law statue of limitations for statutory rape?

At 15 she can't legally GIVE consent. That is why they cal it statutory RAPE!

**aaron** · 03-01-2007, 08:13 AM

Depending on how much older you are than the victim (less than five years or more than five years) the offense could be different:

Quoting 720 ILCS 5/12‑15 - Criminal sexual abuse.

(c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.

Quoting 720 ILCS 5/12‑16 - Aggravated Criminal Sexual Abuse

(d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.

In terms of the statute of limitations, the following provisions appear to govern:

Quoting 720 ILCS 5/3‑6 - Extended limitations

(d) A prosecution for child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping or exploitation of a child may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.

* * *

(j) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.[/B]

**elevenpoint7five** · 08-21-2007, 03:22 PM

i understand that with criminal sexual abuse in illinois there is a 20 year statute of limitations from the day that the victim turns 18, but who has the power to press those charges? would her parents still be able to press charges even though she is a legal adult and can make her own decisions? my situation is that i was 18 she was 16 and her parents threatened to press charges against me if i ever spoke to her again, now she is 18 and i am 20, i would love to talk to her but i'm scared of what may happen. we haven't spoken in over a year because of all of this, i never broke our agreement. any help you can offer would be greatly appreciated.

**blueeagle** · 08-21-2007, 04:37 PM

@Elevenpoint7five

You should have made a new thread, but I can tell you that what you did was not illegal. Since you were only 2 years apart your case would be protected under a romeo clause. Basically, this means that as long as the age difference is not greater then 3 years it's perfectly legal, provided both parties concent.

**elevenpoint7five** · 08-22-2007, 08:40 PM

thanks for that information, although i wasnt aware that illinois had a romeo and juliet clause, i thought that was only a select few states. and just to be on the safe side, does anyone know about who would have the power to press charges if it did come about? i was in the police station twice being questioned and then being told what the arrangement was as far as not seeing her. i was told i would be charged with criminal sexual abuse if i continued the relationship...

**Baystategirl** · 08-22-2007, 09:07 PM

Quoting elevenpoint7five

thanks for that information, although i wasnt aware that illinois had a romeo and juliet clause, i thought that was only a select few states. and just to be on the safe side, does anyone know about who would have the power to press charges if it did come about? i was in the police station twice being questioned and then being told what the arrangement was as far as not seeing her. i was told i would be charged with criminal sexual abuse if i continued the relationship.

You were told right...There is no "Romeo" Clause in IL. Criminal Sexual carries a sentence of up to a year in prison and upon release you would have to register as a sex offender.

Illinois

§ 730 ILCS 5/12-12 et seq.

Criminal sexual abuse is sexual penetration with (1) an offender under age 17 and a victim between ages 9 and 17 or (2) a victim between ages 13 and 17 and an offender less than five years older.