Statutory Rape. Pregnancy. Illinois.

[SADDownfall]

What is the name of your state? IL

Situation:

I'm 19, my girlfriend just turn 17 [the legal age of consent] We had sex 6 weeks before she turned 17.
[So yes. I know I'm sick..i should burn in hell. blah. blah]
Anyway, we just found out she is pregnant on Thursday. Her parents are threatening to call the police on me for statutory rape unless I talk her into getting an abortion without mentioning their involvement in the situation.

I was wondering if I can actually be held under a statutory rape claim and how harsh of a punishment I would receive if I ended up not talking her into getting an abortion. Community service? Jailtime?

I live in Illinois.
I'm 19, She's 17 as of April 30

 

[The Occultist]

If the "victim" is aged 13-17, you must be 5 years older for it to be considered statutory rape. I don't believe her parents have anything to stand on.

 

[SADDownfall]

I dont mean to sound rude, but would you mind telling me how sure you are of this? and how you know.

 

[cbg]

I'd just like to point out that even if stat rape is off the table, that doesn't mean there are no other charges that can be brought.

 

[TinkerBelleLuvr]

Illinois - The age of consent in Illinois is 17. It is illegal to have sex with someone under the age of 18 if you are more than 5 years older than the minor.

http://www.legalmatch.com/law-library/article/statutory-rape-the-age-of-consent.html

 

[SADDownfall]

what other charges can be brought up?

 

[SADDownfall]

ps, when I explained it above, I meant to show that her parents were blackmailing me. I get my girlfriend to have an abortion. I don't get a statutory rape claim filed against me.

 

[TinkerBelleLuvr]

http://www.hhs.gov/opa/pubs/statutory-rape-state-laws.pdf

see page 45 - this is a pdf and I can't copy and paste.

 

[CJane]

ps, when I explained it above, I meant to show that her parents were blackmailing me. I get my girlfriend to have an abortion. I don't get a statutory rape claim filed against me.

That's not blackmail. That's really good advice. If there's no child, there's no tangible proof of your criminal behavior.

 

[Perky]

According to Illinois statutes, you committed Criminal Sexual Abuse. It's a Class A misdemeanor and is punishable by up to one year in prison. Here's a link to the applicable statute, 720 ILCS, article 12-12:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+12&ActID=1876&ChapAct=720 ILCS 5/&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60636&SeqStart=16500000&SeqEnd=23700000&ActName=Criminal+Code+of+1961.

 

[xylene]

Parents advice to have abortion is good one.

YOU should want to help your girlfriend make good decisions.

 

[bleedglory]

Having an abortion is not necessarily good advice. It should be discussed between you and your girlfriend. If you can support the child on your own (the two of you) then her parents should have no say.

 

[tru2blu]

hey man im a 19 year old father and i would take 100+ years in jail b4 i killed my child. Just think 20 years from now. Your girl will still be 2 years younger than u and u will have a beautful child.

 

[Raptoer]

Abortion is really up to the mother in all cases, except medical ones. Pressuring her one way or the other just isn't right.

That being said we have some contradictory information here, we have claims that it is not illegal if the accused was less than 5 years older than the victim, and claims that say otherwise.

The Illinois legislature page in section "(720 ILCS 5/12‑15) (from Ch. 38, par. 12‑15) " addresses this issue. While it does not ever use the term statutory rape, it describes it.

according to that legislature page it is a misdemeanor in Illinois to have sex with somebody under 17 while you are less than five years older, and a felony if you are over five years older.

 

[cvdesign]

Abortion is really up to the mother in all cases, except medical ones. Pressuring her one way or the other just isn't right.

Very well said!!!

And don't forget, abortion isn't the only solution, especially if it violates the mother-to-be's values or religion ... adoption is always a possibility.

While the parents' actions don't necessarily qualify as "blackmail" it IS deceptive and manipulative. And regardless of how convenient an abortion would be (to THEM and the daughter, I would imagine), it's a rather despicable way of getting that solution.