In Illinois, consent is defined as “a freely given agreement to the act of sexual penetration or sexual conduct in question,” as stated in Illinois Compiled Statutes law 720 in section 5/11-1.20. A person must give clear verbal consent to agree to have sexual relations with someone.

“Someone not answering or just giving body language is not consent. That can mean they have something in their contact that is making them wink or smile. Consent needs to be verbally given and it needs to be a yes,” English teacher Dena Lichterman said. 

Consent cannot be given if the person giving it is intoxicated or if “the person is unable to understand the nature of the act or is unable to give knowing consent,” as stated in Illinois Compiled Statutes law 720 in section 5/11-1.20. If consent is not freely given, the actor can be charged with criminal sexual assault, a Class 1 felony. 

It should also be known that, in the state of Illinois, the age of consent is 17. All involved parties must be 17 years of age or older to have sex. According to Illinois law, any minor who wants to have sex must have parental permission. The only exception to the law is if the actor is 17 or older and holds a position of authority, trust and supervision in relation to the victim, then the age of consent is 18. 

Being in the digital age, sexting has been at an all-time high. When sending explicit pictures, there are some things to keep in mind. According to the Illinois State Bar Association, “When a teenager (meaning a minor between 13-17) creates, sends, or receives a sexed message in Illinois he or she may have committed the criminal offense of child pornography,” Joshua D Herman wrote. Sending or being in possession of a minor’s nudes can result in being a registered sex offender. Minors who sext across state lines, or by using materials that traveled in interstate commerce, are also subject to federal charges of child pornography.

Lichterman gives advice to students who are looking to be sexually active. “Students should feel empowered to make their own decisions and not feel pressured into it. If someone feels ready and comfortable, which is the key part of it, then they and their partner need to make sure they are both equally comfortable and have mutual respect for each other.” It is important to understand that anyone can say no to having sex, whether in a relationship with the other person or not. 

“I think there is a misconception that getting permission from someone to engage in sexual activity is unsexy or uncool. I would argue that so few people do it that they wouldn’t know. Getting consent is sexy, it’s healthy, and it takes three seconds,” Lichterman said. 

If you have any questions on consent, consult this video.