Legal Question in Criminal Law in Illinois
Crim sex assault
One party was underage. The underage party is not claiming any force against will-they both say they were in love. Although an adult,this was the first sexual acccount for both parties. Prosectuters do have evidence of a long term affair. Both parties went to counseling after it ended, but the underage person went only for a few visits. The family and the offender lived together but were not related. There was other abuse, verbal and physical, in the house including to the sex offender, which led to the affair.-Would any of this be considered extenuating circumstances? If not what would? It is a complicated case.
1 Answer from Attorneys
Re: Crim sex assault
If the girl was underage there are no extenuating circumstances. All the state has to prove is that she is 16 or under, and that he is at least 5 years older than her. He will be convicted of the offense, and branded a sex offender the rest of his life.
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