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1} In Illinois, aggravated sexual abuse is an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age, and the defendant is at least 5 years older than the victim. 720-5/12-16(d). @rehemaellis @SRuhle @KatyTurNBC
3} A mistake by the accused as to the age of the victim may be raised under certain circumstances as a defense. The accused must "reasonably believe" the person to be 17 years of age or over.
4} What is "reasonable belief"? Here are some factors considered by IL courts and juries as to whether defendant had a "reasonable belief" that victim was 17yo, at least enough to allow him to try that defense in court.
5} Circumstantial evidence like: (1) the Victim was 16 yrs, 10 months old; (2) Deft did not know the Victim; (3) Victim consumed alcohol (adult activity); and even (4) victim testified and jury could observe V's appearance. See, e.g., People v. Uptain, 816 NE 2d 797.
6} On the other hand, the Illinois legislature has determined in the age-based statutes that the willingness of the minor victim to engage in sexual conduct, or even solicit the act, is irrelevant and thus not a defense.
