People v. Soler

592 N.E.2d 517, 228 Ill. App. 3d 183, 170 Ill. Dec. 81, 1992 Ill. App. LEXIS 549
CourtAppellate Court of Illinois
DecidedApril 3, 1992
Docket1-90-1854
StatusPublished
Cited by28 cases

This text of 592 N.E.2d 517 (People v. Soler) 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. Soler, 592 N.E.2d 517, 228 Ill. App. 3d 183, 170 Ill. Dec. 81, 1992 Ill. App. LEXIS 549 (Ill. Ct. App. 1992).

Opinion

JUSTICE LaPORTA

delivered the opinion of the court:

Following a bench trial, defendant, Chris D. Soler, was convicted on two counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 16(c)) and received concurrent terms of four years’ probation.

On appeal, defendant contends that (1) his convictions should be reversed because the State produced insufficient evidence to prove him guilty beyond a reasonable doubt, (2) the trial court erred in refusing to consider certain evidence presented by him, and (3) the trial court erred in denying his motion in limine to exclude the testimony of the complainant’s sister.

The record reveals that defendant was charged in two separate indictments with three counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 16(c)). Indictment 89 — CR—19860 asserted that between February 1, 1986, and July 31, 1986, defendant, a person over 17 years of age, fondled the breasts of the complainant, K.M., a person under 13 years of age. Indictment 89 — CR—19861 asserted that between July 1, 1986, and July 31, 1988, defendant, a person over 17 years of age, committed two acts of improper sexual conduct upon the complainant, a person under 13 years of age. Count I alleged that defendant rubbed the vagina of the complainant with his hands, and count II alleged that defendant rubbed the breasts of the complainant with his hands.

Following a bench trial, defendant was convicted of the offenses charged by indictment 89 — CR—19860 and by count II of indictment 89 — CR—19861, both of which alleged that defendant had touched the breasts of the complainant. The trial court found defendant not guilty of the charge presented in count I of indictment 89 — CR—19861, which alleged that defendant had touched the vagina of the complainant. Defendant received concurrent terms of four years’ probation.

The evidence adduced at trial established that during their marriage, Kevin M. and Alice M. had three children. The complainant, K.M., bom July 10, 1975, was the eldest. The couple also had a son, S.M., and another daughter, M.M. At the time of trial, complainant was 14 years old, S.M. was nine years old, and M.M. was eight years old. Kevin M. and Alice M. divorced in 1984. After their divorce, Kevin M. and Alice M. had joint custody of their children, who divided their time between the homes of their father and mother. In September of 1985, Kevin M. remarried. His second wife, Christina, had two children born during a previous marriage. In June of 1986, Alice M. married the defendant and took the surname of Soler.

The complainant testified that until September 1988, she resided at various locations along with her mother, the defendant, her brother, S.M., and her sister, M.M. In June 1986, complainant lived with her mother and her siblings in a home on Kirkwood Avenue in Chicago, Illinois. After the marriage of defendant to Alice Soler, defendant moved into that home on Kirkwood Avenue. Approximately one month later, defendant, Alice Soler, complainant, and her siblings moved to a house on Tinker Way in Glenview, Illinois. A few months later, they moved to another house on Mohawk Lane in Glenview, Illinois. In September of 1988, they moved to a home in Hinsdale, Illinois. Approximately one week later, complainant moved into her father’s home in Northfield.

Complainant testified that after his marriage to Alice Soler, defendant refused to answer the children unless they called him “Popi” or “Dad.” Consequently, at defendant’s insistence, complainant and her siblings referred to defendant as “Popi.” Complainant explained that she and her siblings referred to Christina, their father’s second wife, as “Marmy,” a name which had been made up by M.M. as a way of distinguishing Christina from their mother. Complainant indicated that the children voluntarily called Christina “Marmy,” but were forced to call defendant “Popi.”

Complainant testified that when defendant began dating her mother, complainant liked him and felt that he was nice and fun. She acknowledged on cross-examination that she had been affectionate with defendant during this time. Complainant stated, however, that her feelings toward defendant changed after he sexually abused her. Complainant stated further that defendant teased her and her siblings and played practical jokes on them and that, although their mother observed this behavior, she did nothing to stop it.

Complainant described the family’s habit of gently rubbing another’s arms, legs, torso, back, face, and shoulders in a casual way. The family referred to this conduct as “nicing,” and complainant stated that it began before defendant ever came into their lives.

Complainant testified that the first incident of sexual abuse by the defendant occurred approximately one month after defendant married Alice Soler and while they lived in the house on Kirkwood Avenue in Chicago. Complainant stated that one evening when she and defendant were alone in the family room watching television, defendant came up to her and said he was going to “nice” her. He began by rubbing complainant’s arm and then started rubbing her stomach. He then moved up underneath her shirt and rubbed her chest and breasts. Defendant asked complainant whether she liked it while he rubbed her bare skin with his hands. Complainant testified that she was 10 years old when this incident occurred and that she was not yet developed as a woman.

Complainant stated that after they moved to the home on Tinker Way in Glenview, defendant sometimes came into her bedroom at night and touched her bare chest and breasts underneath her pajamas. These incidents occurred while S.M. and M.M. were asleep in the same room. Complainant indicated that defendant would be in her bedroom doing this for approximately one-half hour. Complainant testified further that on another occasion, defendant began rubbing her vaginal area which she described as “not exactly like where I go to the bathroom but a little bit above, between my legs.” When defendant did this, he put his hand underneath complainant’s underpants and touched her bare skin.

Complainant stated that she told her mother about this incident a couple of days after it occurred and approximately one month after the first incident which took place in the Kirkwood Avenue home. Complainant testified that she told her mother that defendant had been touching her on her breasts and under her pants and that she did not like it. She attempted to show her mother how defendant had touched her, but she became very embarrassed, started crying, and stopped. Complainant testified that her mother responded by saying “[a]re you sure? You better not be lying to me because things like this can break up a marriage. I just don’t want him to leave. [I]f he’s doing this to you, I will have to separate.” Complainant told her mother that she was telling the truth, and her mother said that she would talk to defendant.

Complainant testified that her mother subsequently told her that defendant was astonished by her claim that he had touched her in a sexual manner and said that he was only “nicing” her, that he didn’t mean to make her feel uncomfortable, and that he would never do it again. Complainant stated that defendant did not touch her for about one month, but he then began doing it again.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 517, 228 Ill. App. 3d 183, 170 Ill. Dec. 81, 1992 Ill. App. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soler-illappct-1992.