People v. Lloyd

To meet its burden for proving criminal sexual assault, under Section 12-13(a)(2) of the Criminal Code, the State must show that the Defendant knew that some fact prevented the victim's ability to understand the act, or give knowing consent to it, other than evidence that he knew of the victim's young age. Evidence of Defendant's knowledge of victim's young age (13), and that he had known her most of her life, without more, is insufficient to prove that Defendant knew the victim was unable to understand the nature of the sex acts or give knowing consent as required to sustain convictions. (FREEMAN, GARMAN, and BURKE, concurring; THOMAS, KILBRIDE, and KARMEIER, specially concurring.)