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  1. #1
    Join Date
    Jun 2018
    Posts
    1

    Default How Long After Statutory Rape Can You Still be Arrested

    My question involves criminal law for the state of: Illinois

    My best friend and his ex were in a relationship for almost 5 years. He was 26 and she was 3 months from turning 17. After they broke up,whenever she needed money she would threaten him with statutory rape charges unless he gave her money. This has been ongoing for years (she's now 30) and I'm sick of her doing this to my friend,he's like my brother and a good guy.

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Can My Friend Be Arrested for Statutory Rape 13 Years After It Happened

    According to this chart of Illinois sex offenses, she has until she turns 38 to report the crime. See: http://www.icasa.org/docs/legal%20fo...es%20chart.pdf ON the other hand, however, by threatening him to report him to police and demanding payment to keep quiet, she could be charged with criminal intimidation under 720 ILCS 5/12-6. Of course, he would need proof of the threats too...

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can My Friend Be Arrested for Statutory Rape 13 Years After It Happened

    Threatening reporting criminal activity in order to obtain money is called extortion, that's a crime in its own right.
    I don't know what the law was 13 years ago, but today a 17 year old can consent in Illinois. It would not be statutory rape. And no, if 13 years has past (ten years is the limit) and she hasn't reported it, it's not prosecutable.

    Your friend is either allowing himself to be duped (or he's lying to you).

    LegalWriter, I disagree with the age 38 thing. EVEN if this was a crime, in order to get that extension, she would have needed to have already reported it by now.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can My Friend Be Arrested for Statutory Rape 13 Years After It Happened

    Quote Quoting flyingron
    View Post
    I don't know what the law was 13 years ago, but today a 17 year old can consent in Illinois. It would not be statutory rape.
    But a 16 year-old is under the age of consent, and the OP indicated the relationship evidently started in or included the period “3 months from turning 17.” That suggests she was 16 at the time, and if they had sex while she was still 16 then he did commit a rape offense. So, it’s not certain that he did not commit statutory rape.

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