Defendant was convicted, after bench trial, of criminal sexual assault and aggravated criminal sexual abuse. During an argument, victim told her mother that she had been raped by Defendant when she was a young child. Victim's statements to her mother, made 10 years after the incidents, were not excited utterances as the excitement of the incidents no longer predominated when she made the statements, and were not made in the absence of time to fabricate. Statements are inadmissible under the corroborative complaint exception, as that exception allows a witness to testify only to the fact that the complaint was made. Court erred in allowing mother to testify to statements, as they are inadmissible hearsay. No error in court's admission of victim's testimony that she told 2 high school friends what happened in the context of a secret, and officer's testimony that he interviewed those 2 friends in his investigation. Defendant failed to show that court's error was prejudicial. Court found that Defendant's mental limitations did not affect his ability to understand his Miranda rights or his fitness. Defendant cannot be relieved of his obligations to register as a sex offender except if his convictions are reversed. (PIERCE and WALKER, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault