People v. Brown-Engel

Defendant was convicted, after bench trial, of aggravated criminal sexual abuse of his female cousin, who was under age 13.  Court did not abuse its discretion in allowing admission of victim's testimony as to prior sexual misconduct between her and Defendant. Although this evidence was inadmissible to establish Defendant's propensity under Section 115-7.3 of Code of Criminal Procedure, because it is not an enumerated offense, it was admissible to establish Defendant's intent and absence of an innocent state pursuant to Illinois Rule of Evidence 404. No ineffective assistance of counsel in defense counsel failing to object to admission of this other bad acts evidence. (McDADE and SCHMIDT, concurring.)