In Illinois, age of consent laws exist to protect children and young people from being sexually assaulted and abused. These laws dictate a minimum age that an individual must be for his or her consent to engage in sexual activity to be lawfully recognized.
Currently, the age of consent in Illinois is 17 years old. If someone disobeys the age of consent laws, there can be criminal and civil consequences. If you or your child is a survivor of sexual abuse involving an age of consent violation, don’t hesitate to contact an Illinois child sexual abuse attorney at Mahoney Law Firm for a free and confidential legal case review.
What Is the Definition of Consent?
Consent is a verbal agreement, permission or a spoken “yes” to engage in sexual activity with another person. Consent should be freely and enthusiastically given by someone of age, who feels that he or she is able to say no or withhold consent without retaliation. Silence or “not saying no” is not the same as giving consent.
Under Illinois’s consent laws, there is a lack of consent to engage in sexual acts with another person if the victim is faced with forcible compulsion, has a mental defect or incapacitation, or is physically restrained or helpless. “Forcible compulsion” can refer to physical force or the threat of force, injury or death.
What Are Age of Consent Laws?
The age of consent in any state refers to the lawful age at which an individual is old enough to be able to give his or her consent to sexual activity. The law recognizes that children and teenagers under a certain age do not have the mental capacity to understand what they are agreeing to when it comes to sexual contact.
Young minds are also impressionable and more likely to fall prey to child predator grooming tactics. For these reasons, age of consent laws are enforced to criminalize sexual contact with someone who is too young to give their knowing and lawful consent. It is always the legal responsibility of the individual initiating sexual contact to confirm consent before acting.
What Is the Age of Consent in Illinois?
In Illinois, the current age of consent is 17 years of age. This means it is against the law for someone who is 16 or younger to engage in sexual activity with another person, regardless of whether the younger person agreed to it.
It is also against the law for a person who is 18 or older to engage in sexual acts with a person under the age of 18 if the perpetrator has a position of trust or authority over the victim (e.g., a teacher and student or coach and athlete).
Current Bill in Illinois Proposes a Change to the Age of Consent Law
Senate Bill 0131 has been introduced in Illinois for the 2025 and 2026 General Assembly. This bill proposes increasing Illinois’s age of consent from 17 to 18 for certain types of sexual assault crimes.
Increasing the age of consent to 18 years old in criminal statutes concerning sexual assault and child sexual abuse can result in greater penalties for perpetrators. If the bill passes, it would be the second change in Illinois’s recent history: in 2011, the age of consent was raised from 16 to 17 years old.
Does Illinois Have a Romeo and Juliet Law?
No, Illinois is not one of the states that has a “Romeo and Juliet” law, or a close-in-age exemption to the age of consent law. Even if the two parties involved are close in age to one another (or in a romantic relationship), one or both can face legal prosecution for failing to have the required consent of the other party to engage in sexual activity.
Statutory Rape and Age of Consent in Illinois
Statutory rape is a crime in Illinois that describes sexual penetration or intercourse with a person who is under the age of consent. Illinois Compiled Statutes § 11-1.50(b) states that a person commits this form of criminal sexual abuse if he or she is under 17 years of age and engages in an act of sexual penetration or sexual conduct with a victim who is between the ages of 9 and 16.
Statutory rape is a criminal violation that is classified as a Class A misdemeanor. A second or subsequent conviction – or aggravated criminal sexual abuse – can be escalated to a Class 2 felony. The potential consequences of a conviction include $2,500 to $25,000 in fines and/or one to seven years in prison.
Sexting and the Illinois Age of Consent
Among today’s tech-savvy children and teens, it is more important than ever to understand how Illinois’s age of consent laws apply to texting and other electronic communications. The Illinois Juvenile Court Act makes it illegal for individuals under the age of 18 to send or receive sexually explicit text messages, “sexts” or images. A person could face criminal charges for breaking this rule even if the sext was between two “consenting” minors.
What Are the Legal Rights of People Outside the Age of Consent?
If a perpetrator breaks the age of consent law in Illinois and engages in any type of sexual contact or activity with an individual who is under the age of 17, he or she can face criminal and civil consequences. The victim who was unable to consent to sexual activity due to age will have the right to file a sexual assault or abuse claim against the offender.
This type of civil lawsuit seeks financial compensation from the perpetrator (or an institution or third party) to help make the victim whole again. A successful child sexual abuse claim in Illinois can hold one or more parties accountable and compensate the victim for losses such as pain and suffering, mental and psychological harm, medical expenses, and future foreseeable damages.
How a Child Sexual Abuse Attorney in Illinois Can Help
Violating Illinois’s age of consent law is a serious offense that can be charged as a misdemeanor or felony sex crime, depending on the circumstances. If you or a loved one is a survivor of this type of sexual assault, the attorneys at Mahoney Law Firm are here to help you seek justice and maximum financial compensation.
An experienced attorney can explain the laws related to your case, including Illinois’s age of consent and child sexual abuse laws, and the legal rights you have as a survivor or the parent of an abused minor. Then, your attorney can guide you and your family through settlement negotiations or a lawsuit to deliver the justice you deserve.