Your son has been dating a16-year-old girl from his high school for several months. Although you cautioned him about premarital sex, everything you said went in one ear and out the other. To make matters worse, her father found out right after your son turned 18. Now he is facing criminal charges for statutory rape and expulsion from school.

What is statutory rape? What are the penalties? What can you do?

In Illinois, statutory rape means sexual penetration or conduct with someone at least 13 and less than 17 years old if you are no more than 5 years older than your partner. It is also statutory rape if you are under age 17 and have sex with someone at least 9 but under 17 years of age. Statutory rape is not the same as forcible rape. (See 720 ILCS 5/11-1.50(b) and (c)).

Your child could also be subject to expulsion from school. If you receive a disciplinary notice from your school, contact an attorney immediately. Do not try to talk to the school yourself as this can often work against your child and may provide evidence that the state can later use to prosecute your child.

Statutory rape is a Class A Misdemeanor, punishable by up to one year in jail. Crazy though it may seem, your high school student could also end up on the sex offender registry, although a recent court decision indicated this punishment might be excessive.

In People v Kochevar, the defendant, then 16, met a girl, then 14, through high school track. The two had sex after he turned 18. The girl’s parents called the police. The defendant was convicted of one count of criminal sexual abuse. He was sentenced to 90 days in jail (all but 10 were suspended) and 24 months of probation. Further, he had to register as a sex offender, undergo sex offender treatment and aftercare, provide a DNA sample and pay various fines. Despite Illinois case law stating that the registry is not actually punishment, the Kochevar court held that the registry was disproportionately punitive to defendant. As a result, the court vacated that part of defendant’s sentence.

If your child has been charged with statutory rape or a similar crime, contact a qualified attorney immediately. An attorney can review your child’s case for his or her best possible defense. An attorney can also help you navigate through school procedures and possibly negotiate a more favorable outcome for your child’s education.

If you have questions about this or another related Illinois school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)