People v. Todd

608 N.E.2d 933, 241 Ill. App. 3d 542, 181 Ill. Dec. 682, 1993 Ill. App. LEXIS 150
CourtAppellate Court of Illinois
DecidedFebruary 11, 1993
Docket4-91-0608
StatusPublished
Cited by6 cases

This text of 608 N.E.2d 933 (People v. Todd) 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. Todd, 608 N.E.2d 933, 241 Ill. App. 3d 542, 181 Ill. Dec. 682, 1993 Ill. App. LEXIS 150 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In March 1991, a jury found defendant, Ronnie Todd, guilty of three counts of criminal sexual assault in violation of section 12— 13(a)(3) of the Criminal Code of 1961 (Criminal Code) (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 13(a)(3)). In May 1991, trial court sentenced defendant to three consecutive four-year prison terms. Defendant appeals, arguing that (1) the trial court improperly precluded him from presenting evidence regarding the victim’s alleged fear of pregnancy; (2) the trial court erred in instructing the jury; (3) the prosecutor’s improper closing argument denied him a fair trial; (4) the trial court erred by sentencing him to prison instead of probation; and (5) the trial court erred in sentencing him to consecutive prison terms.

We affirm.

I. Background

On September 27, 1990, B.T., a 16-year-old girl and the victim in this case, told her aunt that defendant, B.T.’s adoptive father and (previously) stepfather, was having sex with her. At her aunt’s request, B.T. also told her mother. B.T.’s mother then called the police, relaying B.T.’s allegations to them. In October 1990, the State charged defendant with three counts of criminal sexual assault of B.T., alleging that defendant committed acts of sexual penetration with B.T. — a “family member” under 18 years of age — by placing his penis in her vagina, by placing his penis in her mouth, and by placing his mouth on her vagina. Ill. Rev. Stat. 1989, ch. 38, par. 12 — 13(a)(3).

At defendant’s March 1991 trial, B.T. testified that during the late summer or early fall of 1989, defendant began touching her clothing on her breasts, bottom, and vaginal area. I. " >uld touch her while they were alone in their home or garage. He also would have her touch his clothing on the outside of his bottom and penis. She testified that this touching eventually led to touching underneath each other’s clothing in the same areas.

B.T. testified that later in this same time period, defendant began taking her out alone for driving lessons about two or three times a week. Defendant would drive their family Buick out of Champaign onto some nearby country roads at about dusk. He would then stop near or between cornfields as nightfall came. Initially on these trips, he would touch her on top of her clothes and then under her clothes. Defendant later started performing oral sex upon her and having her perform oral sex upon him. She stated that he also attempted to penetrate her vagina with his penis. However, defendant could not completely penetrate her until about one month after the first attempt. Upon the first complete penetration, she testified that she bled.

In December 1989, B.T. had surgery to remove a cyst from an ovary. She testified that this surgery interrupted the sexual activity, including sexual intercourse, for only about two weeks after the surgery even though she had been advised not to engage in sexual intercourse until six weeks after the operation. Otherwise, the pattern of the driving lessons and the concurrent sexual activity in the car continued until she obtained her driver’s license in January 1990. After receiving her license, the driving lessons stopped, but defendant then began having sex with her at their home.

B.T. testified that defendant would arrange these sexual encounters while her mother was at work, in the shower, or asleep, even though her younger brother would also be in the house. The family members residing at their home in Champaign at the time were defendant, B.T.’s mother, B.T., and B.T.’s younger brother. K.T., defendant’s son and B.T.’s stepbrother, resided with the family from May 1989 through February 1990, when he moved out because of friction in the family’s relationships. Defendant and B.T.’s mother shared a bedroom, and B.T.’s bedroom adjoined their bedroom through a common bathroom between the bedrooms. Defendant installed locks on these bedroom doors, and the sexual encounters typically occurred in defendant’s bedroom after defendant had locked both defendant’s and B.T.’s bedroom doors. Because defendant had a flexible work schedule, he could have sex with B.T. when she came home from school before B.T.’s mother returned from work and before defendant left for work around 4 p.m. B.T. added that defendant used a vibrator on her a few times during these sexual encounters. She further testified that defendant would sometimes also shave his pubic area because he said that it would be “smoother,” and that defendant’s goal was for her to climax.

In March 1990, defendant and B.T.’s mother bought a 1990 Ford Probe. B.T. testified that at first defendant told her that the car was a birthday present for her. However, when they were alone together, he told her, in reference to the car and their sexual activity, that his motto was “if you give a little, you get a little.” He later told her that it was for family use, but she still primarily used it.

In April 1990, defendant had a heart attack and was hospitalized, at which time he received an angiogram. The angiogram required the insertion of a tube into an artery in defendant’s leg in the groin area and then injecting a dye into his artery. B.T. testified that soon after defendant came home from the hospital and while they were alone together, defendant pulled down his pants and showed her the bruise in his leg that resulted from the angiogram. He then had sexual intercourse with her. She testified that while his ejaculate normally appeared white, it had an orange or yellow tint for a brief time after he returned home from the hospital. Defendant told her that the dye which was injected into his body during the angiogram caused this coloration. She also testified that the bruise on his leg got much bigger and darker before it eventually faded away.

Regarding the events of September 27, 1990, B.T. testified that she had to stay after school to make up a math test. She was later informed that she had to take two make-up tests. After taking both tests, she drove a friend home and then went home herself, arriving at about 4:30 p.m. Upon arriving home, defendant became very upset and angry with her because he thought she was lying. Defendant then took the keys to the Ford Probe away from B.T. Additionally, B.T. had asked the previous night if she could go to an upcoming homecoming dance. Defendant initially refused to let her go, but later declined to give a firm answer. B.T. testified that after these events she was “sick of taking it, so *** something inside me told me that I needed to tell [about the sexual activity with defendant].”

B.T. testified on cross-examination that defendant was the only person with whom she had had sexual intercourse. When asked how many times defendant had had sex with her, she responded that it was “too many times to count.” She also noted that defendant would always ask her when her menstrual cycle occurred, when it ended, and how long it lasted. When she would not have it for a while, defendant would ask her if she was pregnant, despite his having told her that he had a vasectomy and could not impregnate her. On cross-examination, she denied that she had told defendant or K.T. that she feared being pregnant because somebody had raped her. However, the trial court sustained the State’s objections to further defense counsel cross-examination of B.T.

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Related

People v. Bragg
659 N.E.2d 1378 (Appellate Court of Illinois, 1995)
People v. Todd
636 N.E.2d 114 (Appellate Court of Illinois, 1994)
People v. Madura
629 N.E.2d 224 (Appellate Court of Illinois, 1994)
People v. Leggans
625 N.E.2d 1133 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 933, 241 Ill. App. 3d 542, 181 Ill. Dec. 682, 1993 Ill. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-todd-illappct-1993.