People v. Santos

813 N.E.2d 159, 211 Ill. 2d 395, 286 Ill. Dec. 102, 2004 Ill. LEXIS 992
CourtIllinois Supreme Court
DecidedJune 24, 2004
Docket94620
StatusPublished
Cited by102 cases

This text of 813 N.E.2d 159 (People v. Santos) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Santos, 813 N.E.2d 159, 211 Ill. 2d 395, 286 Ill. Dec. 102, 2004 Ill. LEXIS 992 (Ill. 2004).

Opinions

JUSTICE FREEMAN

delivered the opinion of the court:

A jury in the circuit court of Winnebago County convicted defendant James K. Santos of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(d) (West 1998)) of T.K. The circuit court sentenced him to a four-year prison term. The appellate court reversed defendant’s conviction because of jury instruction error. The court also addressed an issue likely to recur on remand, and reversed the trial court’s ruling that certain evidence must be excluded pursuant to section 115 — 7 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115 — 7 (West 1998)), commonly known as the “rape shield” statute. 333 Ill. App. 3d 1. We granted the State leave to appeal. See 177 Ill. 2d R. 315(a). The State admits that defendant is entitled to a new trial because of the errors in the jury instructions; the State’s only argument before this court is that the appellate court erred in reversing the trial court’s application of the rape shield statute. We reverse the appellate court in part and remand for a new trial.

BACKGROUND

Defendant does not challenge the sufficiency of the evidence on appeal. Accordingly, we will summarize the evidence adduced at trial except where greater specificity is necessary to our resolution of the legal issues.

Many of the facts surrounding the charges against defendant are undisputed. In May 1999 T.K. was 16 years old. She and defendant met at a party at the home of Angie Enna and Herbert Reaves late on May 8 or in the early morning hours of May 9. At the time Enna and Reaves were 25 and 20 years old, respectively. T.K., who had been drinking since approximately 9 p.m. on May 8, was already somewhat inebriated when she arrived at the party that night. When defendant subsequently arrived, there was no alcohol at the party, and T.K. was among the people who went with defendant to purchase more. Defendant purchased T.K. a beer at her request. After returning the other persons to the party, defendant and T.K. left again in defendant’s car.

Defendant and T.K. testified to different versions of the subsequent events at trial. Both agreed that after riding around for several hours, defendant parked the car in a remote area where the two engaged in sexual intercourse. T.K. testified that she told defendant that she was 16 years old before the two engaged in any sexual activities. She also testified that all sexual contact between her and defendant occurred without her consent and against her will. Defendant, by contrast, testified that T.K. made advances upon him and told him she was 18 years old, only revealing that she was 16 years of age when the two were already engaged in sexual intercourse. He testified that when she informed him of this fact, he immediately ceased all sexual activities with her.

The State charged defendant with criminal sexual assault (720 ILCS 5/12 — 13(a) (West 1998)) and two counts of aggravated criminal sexual abuse (720 ILCS 5/12— 16(c)(l)(ii), (d) (West 1998)). The first count of aggravated criminal sexual abuse alleged that defendant had committed an act of sexual conduct with T.K. by the use of force or threat of force. 720 ILCS 5/12 — 16(c) (l)(ii) (West 1998). The second count alleged that defendant had committed an act of sexual penetration with T.K., at a time when T.K. was between the ages of 13 and 17 and defendant was at least 5 years older than she. 720 ILCS 5/12 — 16(d) (West 1998). The jury acquitted defendant of the charge of criminal sexual assault and the charge of aggravated criminal sexual abuse involving an act of sexual conduct, but convicted defendant on the charge of criminal sexual abuse involving an act of sexual penetration. The circuit court sentenced defendant to four years’ imprisonment.

The appellate court reversed defendant’s conviction and remanded for a new trial. The appellate court held that the circuit court committed reversible error in its issues instruction to the jury. The court determined that there was sufficient evidence adduced at trial to support the defense theory that defendant had reasonably believed that T.K. was over 16 years of age. Accordingly, the appellate court held, the circuit court was required to instruct the jury that the State had the burden of proving beyond a reasonable doubt that defendant did not reasonably believe the victim to be of age. The failure to properly instruct the jury on the State’s burden of proof constituted reversible error, entitling defendant to a new trial. 333 Ill. App. 3d at 8.

The appellate court also elected to address an additional issue because it was likely to recur on remand. Before trial, defendant filed a motion in limine requesting the court’s permission to cross-examine T.K. regarding inconsistent statements she had made to the authorities. Specifically, on May 9, T.K. told medical personnel who were collecting rape kit samples that she had not engaged in sexual intercourse with anyone other than the defendant in the previous 72 hours. However, in August 1999, when DNA testing revealed that defendant could not have been the source of semen recovered from the victim, T.K. admitted to the police that she had in fact engaged in sexual intercourse with someone else on May 9. The State objected to the introduction of this evidence, contending it was barred under the rape shield statute. The trial court ruled in the State’s favor and excluded the evidence from consideration.

The appellate court held that the circuit court erred in excluding the evidence. 333 Ill. App. 3d at 9. The appellate court noted that the rape shield statute contains an exception, permitting the introduction of evidence the statute would otherwise bar where admission of such evidence is “constitutionally required.” Relying on its earlier decision in People v. Grano, the appellate court held that the circuit court should have allowed defendant to inquire regarding T.K’s statements, because “T.K.’s credibility was at issue.” 333 Ill. App. 3d at 9. The court remanded for a new trial, and directed the circuit court to permit defendant to cross-examine T.K. with her inconsistent statements.

In partial dissent, Justice O’Malley disagreed with the majority regarding the evidence the circuit court had excluded under the rape shield statute. See 333 Ill. App. 3d at 10-11 (O’Malley, J., concurring in part and dissenting in part). The dissenting justice argued that the appellate court majority erred in stating that Grano involved “prior inconsistent statement[s].” 333 Ill. App. 3d at 10 (O’Malley, J., concurring in part and dissenting in part). He also noted that, regardless, the instant case did not involve prior inconsistent statements, because the statements in question were inconsistent only with each other, not with any statement the victim had made during her in-court testimony. The dissenting justice concluded that the cross-examination was impermissible regardless of the rape shield statute, because inconsistent out-of-court statements were not a proper basis for impeaching a witness’ credibility. 333 Ill. App. 3d at 11 (O’Malley, J., concurring in part and dissenting in part).

ANALYSIS

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Admire
2025 IL App (4th) 241552-U (Appellate Court of Illinois, 2025)
People v. Luchins
2025 IL App (1st) 221604-U (Appellate Court of Illinois, 2025)
People v. Binion
2024 IL App (4th) 240498-U (Appellate Court of Illinois, 2024)
People v. Howder
2024 IL App (5th) 220275-U (Appellate Court of Illinois, 2024)
People v. Bealer
2024 IL App (4th) 230406-U (Appellate Court of Illinois, 2024)
People v. Kline
2024 IL App (1st) 221595 (Appellate Court of Illinois, 2024)
People v. Cotton
2024 IL App (4th) 230002-U (Appellate Court of Illinois, 2024)
People v. Gallegos-Ortiz
2024 IL App (2d) 230036-U (Appellate Court of Illinois, 2024)
People v. Blackledge
2023 IL App (4th) 220746-U (Appellate Court of Illinois, 2023)
People v. Kirby
2023 IL App (4th) 220879-U (Appellate Court of Illinois, 2023)
People v. Ali
2021 IL App (1st) 172414-U (Appellate Court of Illinois, 2021)
People v. Rodriguez
2021 IL App (1st) 200173 (Appellate Court of Illinois, 2021)
People v. Harris
2021 IL App (1st) 192308-U (Appellate Court of Illinois, 2021)
People v. Moore
2021 IL App (2d) 180110-U (Appellate Court of Illinois, 2021)
People v. Taylor
2021 IL App (4th) 190735-U (Appellate Court of Illinois, 2021)
People v. Avilas
2021 IL App (2d) 180542-U (Appellate Court of Illinois, 2021)
People v. Glover
2021 IL App (3d) 180152-U (Appellate Court of Illinois, 2021)
People v. Abron
2021 IL App (2d) 180536-U (Appellate Court of Illinois, 2021)
People v. Comier
2020 IL App (1st) 170500 (Appellate Court of Illinois, 2020)
People v. Sears
2020 IL App (4th) 180691-U (Appellate Court of Illinois, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
813 N.E.2d 159, 211 Ill. 2d 395, 286 Ill. Dec. 102, 2004 Ill. LEXIS 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santos-ill-2004.