People v. Maxwell 

Illinois Appellate Court
Criminal Court
Sexual Abuse
Citation
Case Number: 
2011 IL App (4th) 100434
Decision Date: 
Tuesday, December 6, 2011
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
APPLETON
Defendant was convicted, after jury trial of predatory and aggravated sexual assault and sexual abuse of his daughter. Court properly disallowed evidence of alleged victim's alleged prior sexual activity, as evidence was speculative and unspecified as to date, time, place, and person, and did not implicate any third party. Victim's inconsistency as to level of certainty as to whether Defendanbt had ejaculated was insufficient to overturn jury's credibility determinations. (STEIGMANN and KNECHT, concurring.)