Anybody know about statutory rape - especially Illinois?

by jws 13 Replies latest jw friends

  • jws
    jws

    There's a 19-year old in the family (non-JW) who got his 16-year old girlfriend pregnant. From what I can tell, that could be considered criminal sexual abuse in Illinois with a potential sentence of up to a year in prison.

    Anybody know anything about this? Especially in Illinois?

    Is the sort of thing where he signs the birth certificate, the hospital looks at the ages and calls the cops? Or is this sort of thing generally un-enforced if everything was consensual and the parents aren't trying to punish somebody?

    At this point, they plan to keep and raise the baby. Wouldn't have been my choice, but the odds are already against them staying together (being so young) and neither of them with a job. A prison sentence would probably make things really hard on them and guarantee a single-parent home.

    So if anybody knows what might actually trigger a statutory rape charge, please share, even if it's not for Illinois.

    Of course, the prison sentence for this category says "up to 1 year". It's a category where the girl is at least post puberty and it's a guy within 5 years of age. It's mostly boyfriend/girlfriends that are going to fit into this. Maybe under the circumstances, the judge could say "no jail time".

    But then there's the "sex offender" tag. Unlike some of the other names for offenses, the ones involving basically teens and/or teens close in age don't carry the word "criminal" in the name of the offense. Does this imply a different category that may not get him on a sex offenders list?

    Never liked the fact that the sex offender database included consensual teens that are close in age and it doesn't always show you enough info to let you know that. That's a guy having sex with his girlfriend, not some dangerous pervert who might try to rape one of my children. There's enough of the real perverts around, don't clutter sex offender lists with consensual couples who committed "technical rape".

  • hubert
    hubert

    There was a program on t.v. a while back similar to this case, where the girl was I think 17, and the guy was 19, and the parents of the girl pursued it in court, and the guy was put on the sex offender list because the parents wouldn't back down.

    Hubert

  • jstalin
    jstalin

    Looks like age of consent in Illinois is 17, so he technically committed statutory rape. I would contact an attorney just to get a professional opinion on the likelyhood of any enforcement. I would guess that if there is no complaint to the authorities, then it is unlikley that anything would come of it.

  • neverendingjourney
    neverendingjourney

    If the girl and/or her parents don't want for the father to get in trouble, they need to be very careful when consulting with her doctor. Many states require medical professionals to notify the authorities when they become aware of sexual abuse, statutory rape included. She's probably better off saying she doesn't know who the father is.

  • villabolo
    villabolo

    My cousin is a parole officer who oversees men on parole for sex crimes (but not in Illinoise). He says that the court system looks carefully at the age spread and does not concern itself too much with a small age difference as the one you mentioned. You should still check with a lawyer.

  • SixofNine
    SixofNine

    This young man is a predator! When I was his age, I took care to only be sexually attracted to women older than myself! (usually one or two out of the three charlie's angels; occasionally wonderwoman; and my junior english teacher who had the most perfectly round bottom in existance; or so I thought until I met ...uh, ....I've said too much.).

  • jaguarbass
    jaguarbass

    Here in Florida statutory rape is 15 years.

    When I first went to the police academy it was life.

    So they are getting soft down here but not as soft as Illinois.

    A 1 year sentance is not even a speed bump.

    You do 1 year in jail not prison.

  • Big Tex
    Big Tex

    Quick Google search found this:

    ARTICLE 11. SEX OFFENSES

    (720 ILCS 5/11-6) (from Ch. 38, par. 11-6) Sec. 11-6. Indecent solicitation of a child. (a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent thatthe offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse

    be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code. (b) Definitions. As used in this Section: "Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
    "Child" means a person under 17 years of age. (c) Sentence. Indecent solicitation of a child is: (1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
    (2) a Class 2 felony when the act, if done, would be criminal sexual assault;
    (3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.

    http://www.moraloutrage.net/staticpages/index.php?page=Illinois

    It appears that 17 is the age of consent, irrespective of anything else:

    http://www.ageofconsent.com/illinois.htm

  • SnakesInTheTower
    SnakesInTheTower

    I posted on this somewhere on the board.. cant find it with the search right now...but big tex's post looks right...

    Snakes ()

  • Big Tex
    Big Tex

    The thing is, every state is just a little different.

    Here in Texas the age of consent is 17. Except there is a provision of a 3 year age difference. So, for example, if one partner is 18 and the other is 16, according to Texas law, any sexual relations are considered legal. Or if one partner is 21 and the other is 17, again, no problem.

    If, however, one partner is 18 and the other is 14, that is considered statutory rape and is illegal.

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