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A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.Some of these laws include: Aggravated Criminal Sexual Assault – when a person under the age of 17 has sex with a minor under the age of 9, or uses force or threat of force to have sex with a minor at least 9 years old, but under the age of 13.Predatory Criminal Sexual Assault of a Child – when a person 17-years-old or older has sex with a minor under the age of 13.Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years.This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct.
If the person is not prosecuted in the country where the offence is alleged to have occurred, the person could be prosecuted in Canada.
Prosecution for the examples cited above are rare, but they illustrate the nature of Illinois’ age of consent law.
An arrest and criminal prosecution is much more likely when there is any type of disparity in age.
Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.
Such sexual activity is a crime for which both could be prosecuted, if there was mutual sexual conduct because the “age of consent” has not been reached.