Illinois Appellate Court
Criminal Court
Sexual Assault
Defendant was convicted, after jury trial, of aggravated criminal sexual assault. State presented one witness (the alleged victim) to prove the offense and 3 witnesses to establish that Defendant committed 1 prior bad act. As to the element of force, victim's testimony was inconsistent on whether she viewed Defendant as a physical threat and thus it confused the jury. The other alleged victim's unproven allegation was factually dissimilar to the charged conduct. Thus, probative value was low and no reasonable person could conclude that probative value of the other-crimes evidence outweighed the prejudicial effect. (HUTCHINSON and ZENOFF, concurring.)