Sexual abuse is one of the most serious violations a person can endure. At the core of many of these cases is the question of consent — whether it was given freely, knowingly, and without coercion. Understanding what consent means is essential not only for identifying abuse but also for holding perpetrators accountable under the law.
At the Dinizulu Law Group, we represent survivors of sexual abuse across Illinois and help them seek justice in the face of trauma. Below, we explain how consent works legally and how it’s evaluated in sexual abuse cases.
What Is Consent?
Consent is a mutual agreement between participants to engage in a specific sexual activity. It must be given:
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Freely (without force, threats, or pressure)
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Knowingly (with full awareness of what is being agreed to)
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Clearly (through words or actions that leave no room for doubt)
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Continuously (it can be withdrawn at any time)
Saying “yes” under pressure, manipulation, intoxication or fear is not consent.
When Consent Is Not Legally Valid
There are many situations where a person is legally incapable of giving valid consent, including:
1. Age
In Illinois, the age of consent is 17. If the survivor is younger, the law considers them unable to give legal consent — even if they didn’t say “no.” Additional protections exist if the offender is in a position of trust or authority (e.g., a teacher or coach).
2. Incapacity
If someone is unconscious, asleep, drugged, intoxicated, or mentally impaired, they cannot legally consent. Abusers sometimes exploit these conditions to commit sexual acts, knowing the person cannot meaningfully agree.
3. Coercion or Threats
Consent obtained through threats, intimidation or manipulation is not valid. A person may comply out of fear for their safety, but that is not true consent.
Why Consent Matters in Sexual Abuse Cases
Consent (or the lack of it) is often central to proving sexual abuse in both criminal and civil cases. In a civil lawsuit, demonstrating that an individual engaged in sexual conduct without your clear, voluntary agreement can establish liability for damages — including emotional harm, medical costs, therapy, and more.
In cases where the abuser held a position of power — such as clergy, teachers, medical professionals or employers — the courts may also consider how the imbalance of power affected your ability to freely consent.
The Role of Evidence
Evidence that supports a lack of consent can include:
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Witness statements
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Medical records
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Text messages or emails
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Police reports
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Expert testimony, especially regarding trauma responses
It’s important to understand that a delay in reporting abuse does not invalidate your claim. Many survivors wait months or years before speaking out — and the law recognizes the complexity of trauma.
How the Dinizulu Law Group Can Help
We know how difficult it is to come forward. Survivors often struggle with shame, fear, and the worry that they won’t be believed. At the Dinizulu Law Group, we treat every client with the compassion, privacy and respect they deserve — and we fiercely pursue justice on their behalf.
If you or a loved one experienced sexual abuse and believe your consent was not freely or legally given, you may have a case. Our team will review the details confidentially and help you take the next step toward healing.
Call us today at (312) 384-1920 for a free consultation. You are not alone — and your voice matters.
