People v. Sprouse

418 N.E.2d 1070, 94 Ill. App. 3d 665, 50 Ill. Dec. 76, 1981 Ill. App. LEXIS 2326
CourtAppellate Court of Illinois
DecidedMarch 23, 1981
Docket79-2302
StatusPublished
Cited by15 cases

This text of 418 N.E.2d 1070 (People v. Sprouse) 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. Sprouse, 418 N.E.2d 1070, 94 Ill. App. 3d 665, 50 Ill. Dec. 76, 1981 Ill. App. LEXIS 2326 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE O’CONNOR

delivered the opinion of the court:

After a bench trial, defendant Robert Sprouse was convicted of attempt rape and indecent liberties with a child (lewd fondling) and was sentenced to a term of 12 years’ imprisonment. Defendant appeals, contending that (1) he was not proven guilty beyond a reasonable doubt because complainant’s testimony was incredible, was not clear and convincing and was not sufficiently corroborated; (2) he did not receive adequate representation by counsel; (3) he was denied his right to a fair trial when the trial court committed certain alleged errors; and (4) pursuant to section 5 — 6—1(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005 — 6—1(a)), the trial court abused its discretion by denying him probation.

The complainant testified that on June 24, 1979, because complainant’s mother was at that time hospitalized, she was staying with Anna Santana, in Calumet City, Illinois. She spent the night of June 24, 1979, with Santana’s neighbor, Deborah Dial. Dial’s uncle, defendant Robert Sprouse, was also staying at Dial’s home. On the night of June 24, 1979, complainant slept fully clothed on the floor in Dial’s mother’s room. Dial also slept in that room. Complainant woke up on June 25,1979, at about 9 a.m. Dial was still sleeping. Complainant went into the front room, sat on a couch and watched television. No one else was home. Defendant came into the house at about 9:15 a.m., carrying a bag containing whiskey and beer. Defendant sat in a chair in the front room and told complainant to put the whiskey and beer away. Complainant put them both in the refrigerator and returned to the couch in the front room. Defendant came over to complainant, sat next to her on the couch and then grabbed her feet and put her on his lap. Defendant next carried complainant into a second bedroom, put her on the bed and sat beside her. Complainant testified that during this time she was screaming and hollering. Defendant responded, “Shut up or else I’ll kill you.”

Defendant told her to unbutton her jeans. When she did not do so, defendant unbuttoned them. Defendant then put his hand inside her underwear and attempted to insert his finger into her vagina. Complainant heard someone come into the house and she started hollering. Defendant looked into the living room and kicked the bedroom door shut with his foot.

Defendant then told complainant to take off her pants. When she did not do so, defendant pulled her jeans and underwear down to her feet. Complainant testified that she was screaming and hollering during the time defendant was pulling off her pants. She stopped after defendant told her to “Shut up.” Defendant then unzipped his own pants and got on top of complainant, who was on her back. Defendant stuck his penis near complainant’s vagina and was “humping” for 10 to 20 minutes. Defendant then rolled over. Complainant jumped up, pulled her pants on, zipped them up and ran out the door. She ran into the kitchen for a drink of water because she was “hot and sweaty.” Complainant then ran through the dining room into the front room, where Candice Shipley was sitting on the couch. Complainant was crying. Shipley asked complainant what happened and complainant pointed to the bedroom where defendant was. Complainant then ran out of the house and went to Anna Santana’s house. Complainant ran to Santana and hugged her. The police arrived at Santana’s home and complainant was taken to St. Margaret’s Hospital, where she was examined.

During cross-examination, complainant stated she was 11 years old at the time this incident occurred and weighed 80 pounds. Defendant had been living in Dial’s house for about a week or so prior to the incident. Complainant had slept at Dial’s house on several previous occasions. Defendant had been there on two or three of these occasions. Complainant and defendant had “horseplayed” more than twice. Defendant had pinched her cheek. These incidents of “horseplay” had occurred when Dial and some of her friends were present. The door to Dial’s bedroom remained open after complainant left the room to watch television.

Complainant stated that she did not know what the term “masturbation” meant. Complainant stated that she did know what “playing with oneself” meant. Complainant stated she had not “played with herself” on the morning of the incident. She also stated that she had not engaged in sporting activities, ridden a bike or had any accidents on the morning of the incident. She had not injured herself on the end of the couch.

Defendant had slept that night on the couch in the front room. Complainant did not know when he went to sleep. He was gone when she got up in the morning.

Anna Santana testified that she was taking care of complainant on June 24, 1979, because complainant’s mother was in the hospital. Complainant spent the night of June 24, 1979, at Dial’s home after receiving Santana’s permission to do so. At approximately 11:30 a.m. on June 25, 1979, complainant ran into Santana’s home crying and hugged Santana. Complainant was hysterical. Complainant stated to Santana, “Bobby raped me.” Candice Shipley then telephoned Santana from the Dial home. Shipley was concerned about complainant because complainant had run out of the bedroom and out of the Dial house crying. After speaking with Shipley, Santana continued her attempts to calm complainant. Santana then telephoned Dial and asked if defendant was there. Santana said to Dial, “What’s going on? [Complainant] just said that Bobby raped her.” Following this conversation, Santana called the police. Complainant was still crying. Santana and a detective took complainant to St. Margaret’s Hospital.

During cross-examination, Santana stated she lived next door to Dial and that their houses were about 20 feet apart. Complainant was bruised on her arms and neck. Complainant told Santana that defendant had come in “drunk” while she was watching cartoons. Santana stated that prior to the incident complainant had not complained that she had hurt her vaginal area. Santana stated that complainant did not engage in sports.

Deborah Dial testified that complainant spent the night of June 24, 1979, at Dial’s house. She stated that defendant was her uncle. At approximately 11:30 a.m. on June 25, 1979, Shipley woke Dial. Shipley appeared to be “shaken up” and was “stuttering,” “get up, get up.” Dial got out of bed and saw defendant lying on the bed in the other bedroom, which was unusual because defendant was never in that bedroom. Defendant’s pants were undone. Dial told defendant to leave. He refused. Dial telephoned Santana and later received a call from Santana. The police eventually arrived at the Dial home and arrested defendant. When the police arrived, an officer instructed defendant to zip up his pants.

The bedroom Dial slept in that night was about 30 feet from the bedroom that defendant was in that morning. Dial’s bedroom door was open while she slept.

Dr. Jagdish Muzumdar testified that he examined complainant at approximately 12:30 p.m. on June 25,1979, at St. Margaret’s Hospital. The doctor noted that complainant had a bruise on her left vulva. It was Dr. Muzumdar’s opinion that it was possible that that bruise was caused by the thrusting of an erect male penis on the outer lip of her vagina or by a man’s finger manipulating her vaginal area.

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Cite This Page — Counsel Stack

Bluebook (online)
418 N.E.2d 1070, 94 Ill. App. 3d 665, 50 Ill. Dec. 76, 1981 Ill. App. LEXIS 2326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sprouse-illappct-1981.