A fifteen year old was charged and convicted of aggravated criminal sexual assault, rape. The defendant was tried as an adult and sentenced to 36 years in prison, of which he will have to serve 85%. The Illinois Court of Appeals reversed, finding that the defendant’s confession was wrongly admitted, and that the victim’s sexual history should have been admitted under an exception to the Illinois Rape Shield statute. The Illinois Supreme Court reversed and remanded to the appellate court to consider only the defendant’s excessive sentence claim.
The State alleged that Defendant raped his counselor when she was taking him back to the residential treatment facility in which he lived.
The State raised two issues on appeal to the Illinois Supreme Court. First, whether the statement should have been suppressed and second, whether the trial court properly applied the rape shield statute.