People v. Park

615 N.E.2d 753, 245 Ill. App. 3d 994, 185 Ill. Dec. 883, 1993 Ill. App. LEXIS 767
CourtAppellate Court of Illinois
DecidedMay 28, 1993
Docket2-91-0969
StatusPublished
Cited by12 cases

This text of 615 N.E.2d 753 (People v. Park) 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. Park, 615 N.E.2d 753, 245 Ill. App. 3d 994, 185 Ill. Dec. 883, 1993 Ill. App. LEXIS 767 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

A jury convicted defendant, Y. Park, of committing criminal sexual assault upon his minor daughter (111. Rev. Stat. 1989, ch. 38, par. 12 — 13(a)(3)), and the court sentenced him to six years’ imprisonment. On appeal defendant claims that numerous evidentiary errors and ineffective assistance of counsel deprived him of a fair trial.

Defendant was charged by indictment with four counts of criminal sexual assault. Counts I, II, and III alleged that on or about October 21, 1990, defendant committed various acts of sexual penetration on his daughter, S.P. Count IV charged that “on or about between July, 1989 and October, 1990,” defendant placed his penis into the victim’s vagina. Ultimately, a jury acquitted defendant as to the first three counts of the indictment but found him guilty on count IV.

The following, as related at trial, are the facts underlying the charges. Fourteen-year-old S.P. testified that her father began sexually abusing her, in the form of fondling, when she was about 10 years old and the family was living in Cook County. He had initiated oral sex with her in 1988, before her twelfth birthday. S.P. indicated that her father demanded oral sex activities from her as a condition of allowing her various privileges, such as going to the mall or the movies.

According to S.P.’s testimony, the first time her father had sexual intercourse with her was late in June 1990, after the family had moved to Hawthorne Woods. Her mother was entertaining guests in the kitchen, and the other family members were on the lower level of the house. S.P. had gone upstairs to her bedroom. Her father followed her into the room and closed and locked the door. Various sex acts then occurred, including penile penetration which took place as her father lay on the floor.

S.P. related another incident which she said occurred late in the summer of 1990. It was on a Sunday afternoon while her mother was out. This time she went to her father’s bedroom at his request. Her father turned up the volume on the TV set because her brother’s room was right next door. Again, penile penetration occurred.

S.P. claimed to have been sexually assaulted again in August 1990, when her father, who was a doctor, took her to his office for a school physical examination. There were no patients in the office at the time. Following the examination, her father asked her to get on the examining table, where he removed her clothes, performed various sex acts, including sexual intercourse. The school report of this physical was signed by defendant as both the physician and parent. The form had been signed and dated in July, rather than August when, according to S.P., the examination had been done. S.P. explained that she had received the form early in July and that her father signed it the day she received it. However, they did not actually go to her father’s office for the necessary shots until August. Also, it was brought out on cross-examination that defendant had two offices, both of them located in Cook County. S.P. testified she had been examined and assaulted at the Lawrence Street office, while the physical examination report form contained the Division Street office address under defendant’s signature. S.P. indicated that Division Street was the office where her father spent most of his hours and where he normally signed reports. Defendant denied that the report was filled out at either office. He testified he filled it out at home. He also testified that he did not actually give S.P. a physical examination before filling out the form, but filled it in from his own knowledge.

The next incident S.P. testified about occurred in October 1990. Her mother was in New York at the time. On October 20 her father gave her permission to go to her high school homecoming celebration on the condition that she see him the next day. Sometime after 10:30 p.m. the next evening, at her father’s request, S.P. went to his bedroom. She turned up the volume on the television and got into the bed. Her father performed cunnilingus, digital penetration, and penile penetration on her. At home that night, but in different parts of the house, were S.P.’s brothers, ages 13 and 17, and her sister, age 17.

On Thursday, November 8, 1990, S.P. ran away from her parents’ home and went to the home of a friend, Rachelle Ko. When asked at trial why she ran away, S.P. responded initially that her father was making sexual advances toward her. The State’s Attorney then asked why she ran away on the particular day that she did. After stating that she had not had her period for the last two months and that she was afraid she was pregnant, S.P. added that, at the time, she felt if she stayed any longer, her father “would have an opportunity” since her mother was planning a trip out of the country. The witness also testified that her father was the only person with whom she had engaged in sexual relations. S.P.’s testimony regarding her period was impeached when the doctor who examined her after she was found testified that S.P. was just coming off her menstruation.

While she was at Rachelle Ko’s house, S.P. wrote the following letter to her father:

“Dear Father—
I am writing to you to accomplish a few things. You may understand why I ran away and what I’m running away from. Since I kept trying to talk to you in person, I learned you’d never listen to me and only think of yourself. Now that I’m gone and you seem concerned, hopefully, you’ll listen. I don’t care if you tell Mom everything. I’m sick of lying to her. You and Mom should have never of had kids. You know nothing about how to raise children. You don’t molest, rape, beat, pressure, or force things on your children. I think you know that’s wrong. I don’t hate you; I just don’t love you anymore. You have a problem; you’re very sick in the head. You should seek psychological help. You don’t have to make things worse. You can help yourself become a better person to father your children. You still have four kids that need to be fathered. I know I wasn’t the only one you touched. I saw you touch others. I’m so ashamed. I’m trying to live with my sick, infested body because of you. I’m telling you now that I will never come back to live with you and Mom. Don’t try to find me because you will only regret doing so. I can have your doctor’s license suspended and have a court order against you for what you did. I guess you will still bother my friends even though they don’t know anything. Believe me, it BETTER STOR Don’t assume your life won’t be ruined because I have made sure it will be if you don’t stop. All I want is for you to leave me alone. Don’t worry, I won’t ask anything from you. You have minus one daughter. I’m sorry I have to make you hate me. It was and is the only way to make you stop touching (hurting) me.
Your ex-daughter,
[S.P.]
P.S. — Hopefully, you’ve thought about your ‘problem.’ You better leave [S.] alone. I suppose now that you won’t have daughters to Molest and RAPE, you’ll turn to your patients or other young girls. Don’t try IT! You’ll only regret it. I’ll make sure. There’s an easy solution: talk about it with a psychologist.”

S.P.

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Cite This Page — Counsel Stack

Bluebook (online)
615 N.E.2d 753, 245 Ill. App. 3d 994, 185 Ill. Dec. 883, 1993 Ill. App. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-park-illappct-1993.