Q: If a 21 year old guy has sex with a 17 year old girl, can he go to jail if the girls parents want to press charges?
Even if the legal Illinois consent age is 17, can a parent get the 21 year old arrested?
A: This offense is called sexual assault and is found in 720 ILCS 5/11-1.20. This offense requires allegations that force was used (or the threat thereof), knows the victim is unable to consent (i.e. drugged), is a family member of the defendant, or holds a position of trust over the victim. Criminal Sexual Abuse is another charge that could be filed but only if a threat of force or the victim is unable to consent exist as elements. This crime is found in 720 ILCS
A: 5/12-15. So unless some form of duress or lack of consent was present it seems unlikely the State would charge with a criminal offense given these facts.
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