Legal Question in Sexual Harassment in Illinois

Re: Statutory Rape

I preface my answer by saying that I do not practice in the field of criminal law and, therefore, am no expert in statutory rape. As a general matter, however, the age of majority is 18. The number is rather arbitrary and, indeed, for a while it was 18 for women and 21 for men.

Just as someone who is 15 and 3/4 years old probably has the same skills to drive as a 16 year old (assuming both have taken a driver's training course), a 17 and 3/4 year old probably has the aptitude to make decisions regarding her own sexuality and partners as someone 18. Nevertheless, if one were to "bend" the rules to 17 and 3/4 year olds, why wouldn't it be okay to bend it to 17 and 1/2 year olds? And then 17 year olds, etc.?

While the age 18 to reach majority (i.e., no longer a minor) is arbitrary, it does provide a bright line as to when an individual become "legal." Therefore, like the right to vote, which vests at age 18 (and not a day before), I would venture to guess that sexual relations by someone who is 22 with someone who is 17 and 3/4 is unlawful.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; 312-648-1700