Chicago, IL asked in Criminal Law, Family Law, Federal Crimes and Sexual Harassment for Illinois

Q: Can a parent open a sexual assult case for their child who is over 18? (state Illinois)

If they believe an incident happend to their child while the victim was 17.

(when making a report)

Can it lead to a case being filed if the allaged victim does not consent or even if the alleged victim says the accusations are false?

If so will the alleged victim be able to testify even if the parents push for the 18 year old not to testify?

3 Lawyer Answers

Ray Choudhry

  • Criminal Law Lawyer
  • Moline, IL
  • Licensed in Illinois

A: Only the government prosecutes criminal cases.

You should make a police report and see where it goes.

Donald J Ramsell

  • Criminal Law Lawyer
  • Wheaton, IL
  • Licensed in Illinois

A: Anyone can report a possible crime, but only the police or the prosecutor can 'open a case'. And yes the prosecutor can subpoena any person to court to testify.

Nrupa Patel

  • Criminal Law Lawyer
  • Decatur, IL
  • Licensed in Illinois

A: It doesn't matter what victim wants--victims and civilians CANNOT press charges. It's up to the prosecutor on pressing charges. Parent's can "open a case" If the crime is reported and an arrest is made, then the prosecutor will review the police report and decide if they are charging or not.

Parents have no say on who gets to testify. If victim or any one else is subpoenaed then they have to testify. If they don't then there are consequences for that

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