Legal Question in Criminal Law in Illinois
Sex Offender-Statutory Rape?
I'm a counselor at a vocational school in Chicago. One of my students has a problem. She turned 21 in Oct. & her boyfriend will turn 17 in May 2006. They live together & his family approves of the relationship. They have children & now DCFS is investigating because they found out the age of the boyfriend. They said she will have to go to jail and register as a sex offender. Both of her parents are in jail. She is in school. His family and him are financially supporting her. Maybe her decision wasn't wise, but there are children involved. What if they get married-they plan on it? he gets emancipated? if no charges are filed by him or his parents, will she still be considered a statuatory rapist? What else can she do? Where would be a good place to find a trusted lawyer. If she doesn't continue to live with him, she will be homeless...what kind of life is that for children that are well taken care of? I thought the statuatory rape law changed to 16 and older can have sex without being considered statuatory rape, is that true?
I am not saying that I agree with this, but everyone has situations that they may or may not do to themself, you can't judge others. I think that considering her upbringing, she could be much worse.
1 Answer from Attorneys
Re: Sex Offender-Statutory Rape?
The act of criminal sexual abuse occurs when the victim is under 17 years of age, and the accused is less than 5 years older than the victim, and there was sexual penetration. That's a Class A misdomeanor, carrying a sentence of up to 1 year in jail and up to a $2,500.00, fine. I have been a criminal defense lawyer for 27 years. Please call me for an appointment.
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