Defendant was convicted, after jury trial, of aggravated criminal sexual assault, aggravated battery, and unlawful restraint. Court properly admitted into evidence statements that victim (who resides out of state and did not testify) made to ER nurse. Verbal exchanges ER nurse engaged in with victim were primarily for purpose of gathering evidence. Medical exam properly entailed obtaining history from victim of events leading her to visit ER. No error in court's refusal to permit Defendant to introduce evidence that victim had engaged in sexual activity, with someone other than Defendant, within 72 hours before ER nurse examined her, as inadmissible under rape-shield statute. Evidence was not so relevant that its admission was constitutionally required, as Defendant's theory of defense was that sex was consensual. (JORGENSEN and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault