Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of 56 counts of criminal sexual assault, sexual abuse, and sexual relations within families as to his 14-year-old daughter. Defendant's admission to detectives was corroborated by Defendant's testimony at trial, and thus his extrajudicial confession and in-court testimony sufficiently established corpus delicti of offense. Defendant presented no evidence that victim was able to voluntarily, intelligently, and actively concur with Defendant's sexual advances, and evidence showed that victim was unable to give knowing consent to the sexual acts. No ineffective assistance of counsel by failing to file motion to suppress statements to detectives, as Defendant waived any error by giving in-court testimony consistent with substance of his statements. (CAHILL and GARCIA, concurring.)