People v. Giraud

Illinois Supreme Court
Criminal Court
Sexual Assault
Case Number: 
2012 IL 113116
Decision Date: 
Thursday, November 29, 2012
1st Dist.
Cook Co.
Appellate court affirmed.
Defendant was convicted of multiple sexual assaults on his 14-year-old daughter, while knowing that he was HIV-positive. Victim did not contract HIV. An accused does not commit aggravated criminal sexual assault as defined in Section 12-14(a)(2) of Criminal Code when he commits the crime knowing that he is HIV-positive. The aggravating circumstances of a threat or endangerment of the life of the victim must exist while the offender is engaged in the conduct constituting the offense. A risk of future harm is not a threat of harm, and exposure of victim to HIV during commission of offense did not threaten or endanger her life. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)