In re: Brandon P.

Illinois Appellate Court
Civil Court
Juvenile Sex Offenders
Citation
Case Number: 
2013 IL App (4th) 111022
Decision Date: 
Monday, August 5, 2013
District: 
4th Dist
Division/County: 
Vermilion Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN
Minor, then age 14, was charged with aggravated criminal sexual abuse for alleged sexual conduct against his 3-year-old cousin. State bore burden to establish that out-of-court statements of victim are reliable, and not the result of adult prompting or manipulation, as State sought to admit them under Section 115-10. Victim's statements to investigating police officer were consistent with statements to her mother, appropriate for her age, and timely. Victim was available for cross-examination; though Respondent's counsel did not ask her about events which were subject of her statements on direct, that did not relieve Respondent of his obligation to cross-examine victim. Thus, victim's hearsay statements were properly admitted.(APPLETON and HOLDER WHITE, concurring.)