Defendant, age 24 at time of offense, was convicted, after jury trial, of aggravated kidnapping and aggravated criminal sexual assault. Defendant told victim he was taking her to dinner and movie, but then induced victim, who was developmentally delayed, to move from her home to the train, or from train to abandoned house, where he raped her. Court sentenced him to a statutorily mandated term of natural life for the sexual assault conviction based on prior conviction for criminal sexual assault, and a concurrent term of 20 years for the kidnapping conviction. Defendant did not show how his mental illnesses rendered him less culpable for sexually assaulting victim than a typical adult sex offender. Evidence showed Defendant's premeditated conduct in perpetrating the offense. The existence of Defendant's mental illnesses is not an inherently mitigating factor such that application of the mandatory life sentence violates proportionate penalties clause. (HOWSE and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing