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Statutory Rape in Illinois

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  • 08-26-2008, 08:59 PM
    Inneedofhelpforfriend
    Statutory Rape in Illinois
    Two friends of mine were in a relationship for a year. They had CONSENSUAL sex . he was 17 and she was 16. Her mother found out and AGAINST her daughters wishes is intending to press charges for statuatory rape. Is it possible that this can go through???

    please help,
    Thanks
  • 08-26-2008, 09:05 PM
    zedex
    Re: Neep Help Quickly About Rape IL
    Quote:

    Quoting Inneedofhelpforfriend
    View Post
    Two friends of mine were in a relationship for a year. They had CONSENSUAL sex . he was 17 and she was 16. Her mother found out and AGAINST her daughters wishes is intending to press charges for statuatory rape. Is it possible that this can go through???

    please help,
    Thanks

    Age of consent appears to be 17 in IL, so, yes it is quite possible
  • 08-26-2008, 09:09 PM
    Inneedofhelpforfriend
    Re: Neep Help Quickly About Rape IL
    What about the Romeo and Juliet Law? Could this really uphold in court?
  • 08-26-2008, 10:02 PM
    cyjeff
    Re: Statutory Rape in Illinois
    That would be for the courts to decide.

    Usually, there is a three year cushion... howefver, that takes statutory rape off the table.

    Here in Georgia, a young man was imprisoned for a similar incident... on a charge of child molestation.

    Look up "Genarlow Wilson"
  • 08-26-2008, 10:34 PM
    blueeagle
    Re: Statutory Rape in Illinois
    Quote:

    Quoting cyjeff
    View Post

    Here in Georgia, a young man was imprisoned for a similar incident... on a charge of child molestation.

    Look up "Genarlow Wilson"

    Didn't the Georgia supreme court rule in his favor? I heard they overturned the law.
  • 08-26-2008, 10:37 PM
    zedex
    Re: Statutory Rape in Illinois
    Quote:

    Quoting blueeagle
    View Post
    Didn't the Georgia supreme court rule in his favor? I heard they overturned the law.

    I remember that they reviewed it and revised it, but they did not retro-activate it, therefore the guy must serve out his sentence for the crime and the term given at that time.
  • 08-26-2008, 11:31 PM
    blueeagle
    Re: Statutory Rape in Illinois
    Quote:

    Quoting zedex
    View Post
    I remember that they reviewed it and revised it, but they did not retro-activate it, therefore the guy must serve out his sentence for the crime and the term given at that time.

    No they went back to court. This time the supreme court ORDERED his release from prison.
    http://www.cnn.com/2007/US/law/10/26...eed/index.html
  • 08-27-2008, 08:08 AM
    zedex
    Re: Statutory Rape in Illinois
    I am glad you caught that. I was too tired to look it up last night.
  • 08-27-2008, 08:14 PM
    queenie2
    Re: Statutory Rape in Illinois
    Here's the code for Illinois:
    Quote:

    ****(720 ILCS 5/12?15) (from Ch. 38, par. 12?15)
    ****Sec. 12?15.Criminal sexual abuse.
    ****(a) The accused commits criminal sexual abuse if he or she:
    *(1) commits an act of sexual conduct by the use of force or threat
    of force; or
    (2) commits an act of sexual conduct and the accused knew that
    the victim was unable to understand the nature of the act or
    was unable to give knowing consent.
    *(b) The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed.
    ****(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.
    ****(d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
    (Source: P.A. 91?389, eff. 1?1?00.)
    And for a Class A misdemeanor:

    Quote:

    Up to one year in prison
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