Your browser is unsupported

We recommend using the latest version of IE11, Edge, Chrome, Firefox or Safari.

Consent

In the Illinois law addressing criminal sexual assault, "consent" is defined as, "a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent." 720 ILCS 5/11-1.70 (a) Further, "A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct." 720 ILCS 5/11-1.70(c). Finally, consent cannot be given by a person who is under the age of 17, except that it shall be a defense to a charge of criminal sexual assault if the accused reasonably believed the person to be 17 years of age or over. 720 ILCS 5/11-1.70(b).