People v. Baker

608 N.E.2d 1251, 241 Ill. App. 3d 495, 181 Ill. Dec. 777, 1993 Ill. App. LEXIS 186
CourtAppellate Court of Illinois
DecidedFebruary 18, 1993
Docket4-92-0613
StatusPublished
Cited by21 cases

This text of 608 N.E.2d 1251 (People v. Baker) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Baker, 608 N.E.2d 1251, 241 Ill. App. 3d 495, 181 Ill. Dec. 777, 1993 Ill. App. LEXIS 186 (Ill. Ct. App. 1993).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Defendant Ronald Baker pleaded guilty to criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 13(a)(3)), in exchange for the State’s agreement to drop five counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 14), and limit its recommendation at an open sentencing hearing to 10 years’ imprisonment. Defendant was sentenced to 10 years’ imprisonment. Defendant appeals, alleging the trial court abused its discretion in fashioning such a sentence. We disagree and affirm.

Defendant married C.C. in October 1989. C.C. had three children from previous relationships: B.C., S.C. and D.S. Defendant, C.C., and the three children lived together as a family unit until defendant’s arrest on November 15,1991.

On November 12, 1991, B.C. told his junior high school principal he had been sexually abused at home. B.C. was interviewed by Officer Larry Zonfrilli. B.C. told Zonfrilli that on approximately 30 occasions over a period of several months defendant had forced B.C. to engage in oral and anal intercourse. B.C. was 11 years old during most of the abuse, but turned 12 on October 4, 1991. The abuse generally occurred at home while C.C. was at work, but also occurred on one occasion when defendant took B.C. on an overnight camping trip. B.C. told Zonfrilli that sometimes anal intercourse would cause him to have abdominal pain, and if he told defendant, defendant would stop for awhile but continue later. On at least one occasion after being forced to engage in anal intercourse by defendant, B.C. experienced bleeding when he had a bowel movement. On another occasion, defendant forced B.C. to engage in anal intercourse in the shower, and after the act was completed, defendant inserted a tube into B.C.’s rectum.

S.C., B.C.’s eight-year-old brother, was also interviewed. S.C. told Officer John Grabow defendant never let S.C. out, beat him a lot, and forced him to engage in anal and oral intercourse. Defendant ejaculated in S.C.’s mouth, on his stomach, and on his back. S.C. was under the impression the abuse was a punishment for something he had done. S.C. told Grabow the abuse began during the 1990 school year, and continued throughout the summer. S.C. could not tell Grabow how many times he had been sexually abused by defendant, but stated it happened a lot.

B.C., S.C. and their half-brother, D.S., were placed in foster care and C.C. initiated dissolution proceedings against defendant. After his arrest, defendant began to attend counseling sessions.

Defendant was 37 at the time of his arrest. He alleges he was sexually abused when he was 12 years old by his older brother. He has a general equivalency diploma and an accounting certificate from a community college. He enlisted in the Air Force, but was honorably discharged after a short time due to a nervous condition. Defendant was unemployed at the time of his arrest and had a sporadic employment history over a period of years. Defendant had no prior convictions other than a speeding ticket. At the sentencing hearing, defendant stated he had made a grave mistake and wished to correct it. The defense argued a term of intensive probation would be appropriate.

The trial court found the family member probation, available to defendants convicted of the sexual assault of a family member (Ill. Rev. Stat. 1991, ch. 38, par. 1005 — 5—3(e)), would be inappropriate under the circumstances. The court noted defendant’s lack of criminal record and subjection to sexual abuse as a child were mitigating factors. The court also noted the aggravating factors. Specifically, the court found defendant began the sexual abuse not long after he became a family member and the abuse did not occur in an isolated incident, but was part of an ongoing course of conduct. Finally, the court found defendant not only should have been aware of the pain he inflicted on occasion, but based on his own experience as an abused child, was “certainly aware of the harm generally that this could and would undoubtedly cause to the young boy.” The court concluded the harm done and the nature and circumstances of the offense outweighed the factors in mitigation. Accordingly, the court sentenced defendant to 10 years’ imprisonment. Defendant’s motion to reconsider was denied. Defendant appeals, alleging he should have been sentenced to probation, or, in the alternative, to a minimum sentence of six years.

On appeal, the defendant alleges the circuit court abused its discretion in sentencing him to 10 years’ imprisonment because it did not adequately consider (1) he did not cause or threaten serious physical harm to another, nor did he contemplate his criminal conduct would cause or threaten such harm; (2) he had been sexually abused as a child and did not receive treatment; (3) his character and attitudes indicated he was unlikely to commit another crime; and (4) his rehabilitative potential.

Defendant’s first contention is completely unsupportable. The trial court specifically stated it was considering the issues of whether defendant’s conduct caused harm and whether he contemplated it would cause harm. Additionally, contrary to defendant’s assertion on appeal that his conduct caused no harm, the trial court found defendant should have known the pain he was causing the victim and certainly knew of the harm his conduct would undoubtedly cause a young boy. The trial court’s findings are wholly supported by the evidence. Defendant’s sexual assault of B.C. caused B.C. physical pain, as evidenced by B.C.’s abdominal pain while defendant had anal intercourse with him and by B.C.’s bleeding during a bowel movement.

Although defendant would have us believe he did not contemplate he would harm B.C. by sexually assaulting him, defendant also alleges he has suffered depression for 15 years and has had difficulties in his schooling, marriage, military service and employment, and sexually assaulted his stepson, all as a result of the sexual abuse he himself suffered as a child. Clearly a person who has suffered such an extensive list of difficulties as a result of sexual abuse was aware of the psychological trauma victims suffer as a result of being sexually assaulted. The trial court properly found the physical and psychological harm defendant caused B.C. constituted an aggravating factor. Harm, including psychological trauma, is an aggravating factor which may warrant a sentence in excess of the minimum sentence. People v. Back (1992), 239 Ill. App. 3d 44, 80; People v. Leamons (1984), 127 Ill. App. 3d 1056, 1071, 469 N.E.2d 1137,1148.

Defendant’s contention the trial court did not adequately consider he had been sexually abused as a child must also be rejected. At the sentencing hearing, defendant’s counsel argued the sexual abuse defendant suffered as a child was a mitigating factor. The trial court accepted this argument and recognized there is a likelihood a person who has been abused as a child may develop into a perpetrator of the same type of abuse. However, the court found the mitigating factors were outweighed by the aggravating factors.

Defendant next contends the trial court did not adequately consider that his character and attitudes indicated he was unlikely to commit another crime.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 1251, 241 Ill. App. 3d 495, 181 Ill. Dec. 777, 1993 Ill. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baker-illappct-1993.