Dating age gap law
An affirmative defense to any sex crime where the “victim” is under the age of consent is that the accused reasonably believed that the “victim” was of legal age.
In other words, the accused had a valid reason to believe that the other persons age was at, or beyond, the legal age of consent.
Much of the evidence in age of consent cases tends to be circumstantial.
Based on the specific details of your case and the strength of the prosecution’s evidence, former prosecutor Steven Haney will advise you about your legal options and give you his best recommendation with regard to negotiating a plea or fighting the charges in court.
At this age, “consent” is a legal term, not a factual term.
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.Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.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.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.