Defendant was convicted of predatory criminal sexual assault of a child and was sentenced to 12 years in prison. On direct appeal, defendant argued that the trial court erred when it denied his attempt to present a mistake-of-age defense at trial and when it refused to allow him to call the victim to the stand during sentencing. The appellate court affirmed, finding that mistake-of-age is not available as a defense for a charge of predatory criminal sexual assault of a child under the statutory language. The appellate court also found that defendant could not object to the trial court refusing to allow him to call the victim as a witness during sentencing where defendant acquiesced a procedure where defendant was allowed to present evidence without calling the victim to testify. (PETERSON and DAVENPORT, concurring)
Illinois Appellate Court
Criminal Court
Mistake-of-Age Defense