Because of this, situations may arise in which two minors who engaged in sexual relations could report the other for sexual abuse.
In fact, an Illinois a court has stated in that when “two minors engage in a consensual sexual act, the statute may validly be applied to prosecute both minors on the basis that each is the victim of the other.” Ultimately, it is possible that either minor may have to register as a sex offender, even though the sex was considered consensual.
Aggravated Criminal Sexual Abuse – when a person 17-years-old or older commits an act of sexual conduct with a minor under the age of 13; or uses force or threat of force to commit an act of sexual conduct with a minor at least 13 years old, but under the age of 17.
Aggravated Criminal Sexual Abuse – when a person under the age of 17 commits an act of sexual conduct with a minor under the age of 9; or uses force or threat of force to commit an act of sexual conduct with a minor at least 9 years old, but under the age of 17.
Again, consent is a legal term, not a factual term.
Illinois has multiple laws in place to protect minors from sexual exploitation.
Such sexual activity is a crime for which both could be prosecuted, if there was mutual sexual conduct because the “age of consent” has not been reached.
If a person is in a “position of supervision” of another, the age of consent becomes 18 years of age.
A position of authority can include a coach, teacher, church leader, or any other position where a claim can be made that the accused was an authority figure of the other.
In Illinois, the older partner could also be required to register as sex offender.
Moreover, under Illinois law, when a person under 17 years of age commits a sexual act with another who is under the age of 17, but at least 9-years-old, they are also guilty of criminal sexual abuse.