Voluntary sexual activity with someone younger than 17 is not “consensual” sexual activity as far as Illinois law is concerned.
At this age, “consent” is a legal term, not a factual term.
For example, an 18-year-old high school senior having sexual relations with a 16-year-old high school junior could be found guilty of criminal sexual abuse. In Illinois, when a person commits a sexual act with someone under the age of 17, but over the age of 13, and the person is less than 5 years older than the minor, he or she is guilty of criminal sexual abuse – even if both participants believed the sex was consensual.
In Illinois, the older partner could also be required to register as sex offender.
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.
Aggravated Criminal Sexual Abuse – when a person 17-years-old or older commits an act of sexual conduct with a minor under the age of 13; or uses force or threat of force to commit an act of sexual conduct with a minor at least 13 years old, but under the age of 17.
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.
Better to be forewarned now, than to find oneself in legal difficulty at a later time.
Moreover, there are laws in Illinois that cover the obvious sex-related crimes against vulnerable minors.
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.
To be blunt, a 17 year old boyfriend who touches, for his sexual gratification , the breasts of his 16 year old girlfriend has committed a sex crime, which could put him on the Illinois sex offender registration list.
Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.