People v. Stull

Defendant was convicted of sexually abusing his six-year-old daughter. Offense of aggravated criminal sexual abuse is not a lesser-included offense of predatory criminal sexual assault of a child, as it is possible to commit the latter offense without necessarily committing the former offense. Counselor testified that she posed open-ended questions to child to determine subsequent treatment. Court within its discretion by admitting her hearsay testimony under Section 115-13 of Criminal Procedure Code. Court properly allowed admission of initial statements victim made to forensic interview to permit trier of fact to evaluate victim's later hearsay statements against her brother in proper context. (POPE and HOLDER WHITE, concurring.)