Anyone who’s embarking on a sexual encounter with another person has to ensure that the person is consenting to the intimate contact.
It’s possible that you could face criminal charges for sexual assault or rape if they didn’t consent to the activities.
What does it mean to have consent?
Recently, Governor JB Pritzker signed a bill that clarifies what it means to have consent. Specifically, this bill notes that a person who’s intoxicated cannot provide consent for sexual activities. This is true whether the other party provided them with substances to cause the intoxication or not. If the other party knew for a fact or reasonably should have known that their partner was under the influence, then they can be guilty of a sex crime.
Getting consent from someone before you have sexual relations means that you’re getting their approval to have intimate contact – but consent is a fluid thing. It can be revoked by either party – at any point – during the actual contact. It’s also important to understand that content doesn’t “carry over” from one sexual encounter to the other. Consent to sexual activity today doesn’t grant consent for the future.
Sexual assault and rape charges are very serious matters. A conviction on either of these charges can negatively affect your entire future – long after you’ve served any sentence imposed by the court.
Having someone on your side who can help you to evaluate the options and work on your defense strategy may relieve some of your stress. If you’re facing charges, invoke your right to remain silent until you understand more about your legal options.