People v. Hickox

553 N.E.2d 1166, 197 Ill. App. 3d 205, 143 Ill. Dec. 180, 1990 Ill. App. LEXIS 580
CourtAppellate Court of Illinois
DecidedApril 26, 1990
Docket2-88-0828
StatusPublished
Cited by7 cases

This text of 553 N.E.2d 1166 (People v. Hickox) 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. Hickox, 553 N.E.2d 1166, 197 Ill. App. 3d 205, 143 Ill. Dec. 180, 1990 Ill. App. LEXIS 580 (Ill. Ct. App. 1990).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Defendant, Joel Hickox, was found guilty of two counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1987, ch. 38, par. 12— 16(b)) and three counts of criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 13(a)(3)) after a bench trial. Defendant appeals his convictions, raising the following issues: (1) whether he was proved guilty beyond a reasonable doubt when the complaining witness had retracted her claim and was known to exaggerate and make up stories; and (2) whether the trial court improperly based its decision on an expert witness’ opinion of the complainant’s credibility.

Defendant was charged by indictment with committing acts of sexual conduct and penetration with his minor daughter, K. At the trial on January 28, 1988, K. stated that' she was eight years old and in the second grade. After the court found her competent to testify, K. stated that when she was five years old she lived in Bloomingdale with her mother, Joan. Defendant would sometimes visit K. on Fridays. K. explained that her birthday is December 21 and that, sometime around her fifth birthday, she and defendant were alone at K.’s house. Defendant called her into the bathroom. K. went in and saw defendant going to the bathroom. Defendant told K. to touch his penis, which she did.

K. then testified about another incident. She and defendant were home alone. K. was in the bathtub taking a bath when defendant came into the bathroom. Defendant then “scratched” her when he touched her “privates.” K. further testified about a third incident which occurred in the spring. K. was home alone with defendant. They were in the living room “playing doctor.” K. was lying on her back on the couch. Defendant was sitting on the couch wearing only a shirt. K. stated that she did not remember what else happened. The court then questioned K. about the incident. K. answered that they only “played doctor” that one time. In response to the court’s questioning, K. indicated that she had touched defendant’s penis and that defendant had touched her vagina with his .hand.

The prosecutor then resumed her examination. K. testified that in the summer, when she was five years old, she was again home alone with defendant. K. was doing cartwheels and handstands in the living room when defendant pulled down her pants and touched K.’s vagina with his hand and his mouth. Defendant also had K. put her mouth on defendant’s penis. Defendant told K. not to tell anyone about what happened and that K. “would have a problem” and would get her mouth washed out with soap. K. did not tell anyone about these incidents until a local group put on a safety program at K.’s school. K. told one of the members of the group that defendant sexually abused her. K. then told her kindergarten teacher and the school principal.

On cross-examination, K. first denied having talked about the incidents with her mother, then explained that she talked to her mother about some of it after the safety program at school. K. denied that there was any sexual contact between herself and defendant before she was five years old. At the time the incidents occurred, a person named Beatrice was baby-sitting for K. K. testified that she had not seen defendant for one year and would like him to visit her “as soon as he gets help.”

Defense counsel then questioned K. about her visits with a psychologist, Dr. Thomas Phelan. K. denied that she told Dr. Phelan that she was “not sure” that defendant abused her and further denied that she said to Dr. Phelan about defendant, “maybe he did it and maybe he did not.” K. also denied that she ever told anyone that the abuse did not happen.

Although on direct examination K. testified that defendant “scratched” her when he touched her vagina, K. explained that a physician told K. that she had a scratch on her which was caused by defendant touching her vagina. The court asked K. about the touching, and she indicated that she felt his finger inside her, but she did not remember feeling any pain. K. further indicated that what she told the person from the safety program was the same as her testimony in court. The court then asked if everything to which she had testified was the truth, and K. answered yes. K. also denied that any part of the testimony was made up or imagined or thought up because of the safety program.

Diana Bloem testified that in March 1986 she was working for the child assault prevention program (child safety program), which she described as a team of three women who went to schools to present a safety program to the children. On March 10, 1986, Bloem and her team put on a program for K.’s kindergarten class. As part of the program, Bloem presented a skit which dramatized a situation where a child is subjected to “bad touching.” In the skit, an adult relative sits close to the child, rubs her arm, or brushes her hair while telling her how grown up she is. Then the adult asks the child for a kiss, but the child does not want to kiss the adult. Eventually, the child kisses the adult on the cheek, and he tells the child “this is our secret” and do not tell anyone. After presenting this program to K.’s class, the team told the children that if they had questions, they could speak with the team members individually. Bloem talked with K. Bloem testified that K. “identified a person as having touched her in a private place[ ].” Bloem then advised K.’s teacher and the school principal of K.’s revelation.

On cross-examination, Bloem explained that after presenting the skit, the team asked the children questions about the skit, such as “how do you think [the child in the skit] felt? Did she feel good or did she feel bad[?]” The team also asked the children for examples of good secrets and bad secrets. The team told the children “a bad secret is something that makes you feel really yucky inside.”

Bloem elaborated on her individual meeting with K. Bloem asked K. to tell her about a picture that K. had drawn. K. was telling Bloem about the picture when, suddenly, K. said “my daddy touches me in private places” and that “it made her feel yucky” when he did that. K. did not want Bloem to tell anyone about what happened. K. then abruptly changed the subject.

Joan Evans, K.’s mother, testified that K. was born on December 21, 1979. Joan and defendant’s marriage was dissolved in December 1981, and Joan remarried in 1986. Joan was living in Bloomingdale when the alleged offenses occurred, and she subsequently moved out of the State with her new husband and K. When Joan and defendant’s marriage broke up, they had agreed on a liberal visitation between defendant and K. Joan retained custody of K. Defendant visited K. at Joan’s home in Bloomingdale approximately twice per month. Defendant stayed at the house while he was visiting. Joan was usually not around when defendant came to visit, but the live-in babysitter would often be in the house.

Joan further testified that on March 14, 1986, the principal of K.’s school called Joan and asked her to come to the school. Joan went to see the principal and there met two women from the child safety program. They informed Joan that K. told them she had been abused.

Detective Scott Stick of the Bloomingdale police department testified that in December 1986 he began investigating K.’s allegation of abuse.

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Related

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613 N.E.2d 1358 (Appellate Court of Illinois, 1993)
People v. Kerns
595 N.E.2d 207 (Appellate Court of Illinois, 1992)
People v. Hickox
593 N.E.2d 736 (Appellate Court of Illinois, 1992)
People v. Abdullah
581 N.E.2d 67 (Appellate Court of Illinois, 1991)
People v. Clarence H.B.
574 N.E.2d 878 (Appellate Court of Illinois, 1991)
In Re Clarence TB
574 N.E.2d 878 (Appellate Court of Illinois, 1991)
People v. Davis
566 N.E.2d 932 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
553 N.E.2d 1166, 197 Ill. App. 3d 205, 143 Ill. Dec. 180, 1990 Ill. App. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hickox-illappct-1990.