Can You Be Charged if the Other Person Consented? Combs Waterkotte attorneys Christopher Combs and Joshua Boardman discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: Can you be charged if the other person consented?
Christopher Combs: We oftentimes will see cases where it might be a drunken night and intercourse happens and at that time our client is saying, “Look, there was consent.” But it gets tricky and the next morning the alleged victim, they say, “Look, I was too intoxicated to consent. I didn’t consent. I’ll let Josh expound on that if you’d like to.
Joshua Boardman: Yes, and another classification where consent really does not matter is the age of the alleged victim. They’re not lawfully able to give consent if they’re minor. So, in those circumstances a defense of consent is not going to play.
Dunn: Yes, it seems like you would take that out completely. If they’re under a certain age.
Boardman: Exactly.
