People v. Janusz

Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2020 IL App (2d) 190017
Decision Date: 
Tuesday, August 18, 2020
District: 
2d Dist.
Division/County: 
De Kalb Co.
Holding: 
Affirmed.
Justice: 
BRIDGES

 Defendant was convicted, after jury trial, of 11 counts of predatory criminal sexual assault of a child and 4 counts of manufacturing child pornography. The victim was his stepdaughter, whom he began abusing at age 6 or 7. Court did not err in denying Defendant’s motion for a new trial, as trial counsel was not ineffective, as there was no reasonable probability that jury would have convicted Defendant of aggravated criminal sexual abuse instead of predatory criminal sexual assault of a child, the latter which requires an act of sexual penetration. Whether sexual penetration occurred is a question of fact for the jury. (McLAREN and SCHOSTOK, concurring.)