Showing posts with label decatur attorney injury. Show all posts
Showing posts with label decatur attorney injury. Show all posts

Monday, March 4, 2013

Illinois statutory rape – consent is not a defense


A woman called me, very upset that her son had been arrested for statutory rape. He is 21 and he had sex with a 15 year old.
The mom’s biggest gripe was that it wasn’t rape because the 15 year old is very mature for her age and consented to have sex. In addition she was mad because the 15 year old didn’t want to press charges, but her Dad called the police.
Unfortunately for my caller and her son, he is in big trouble. Minors can not have consent to sex, so consent is not a defense to statutory rape. No matter how old the 15 year old looks, how much she seems like a woman (and it’s shocking to me how old some high school girls can look these days), it doesn’t matter.
The fact that he Dad is behind this and she doesn’t want to press charges doesn’t matter either.