APPEAL from the Circuit Court of La Salle County; the Hon.
FRANK X. YACKLEY, Judge, presiding.
MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:
The defendant, Sonny Bachman, after trial by jury by the Circuit Court of La Salle County, was found guilty of raping and unlawfully restraining the complainant, Stephanie Parkinson. A sentence of 20 years was imposed on the conviction for rape and a two-year sentence on the conviction of unlawful restraint. The sentences were to run concurrently.
Stephanie Parkinson, age 21 and a resident of Canada, was hitch-hiking in the United States with a friend, Monique Lorieau. The defendant, age 41, married, father of an 11-year-old son, and a resident of the State of Colorado, was a cross-country truck driver. The evidence adduced at the defendant's trial is in some instances conflicting; however, it is established that Parkinson and her friend Lorieau first met the defendant at approximately 4:30 p.m. at the Cross-Roads Truck Stop in Calumet, Indiana. Parkinson and Lorieau had dinner, drank some beer and smoked marijuana with the defendant. The three individuals after this activity then slept in the defendant's truck. The following morning the parties had breakfast together, after which Parkinson and Lorieau went to a restroom and changed from pants and shirts to shorts. There was evidence to the effect that Parkinson did not wear a bra and that her appearance was to some degree provocative. During breakfast a truck driver, Stan Tittman, made his appearance. Tittman had known the defendant for some time, but apparently they were not close friends. As the result of the defendant's assertions that three people couldn't ride in one truck and with the cooperation of Tittman it was arranged that Parkinson would ride with him and that Lorieau would ride in Tittman's truck. The separation was to be of short duration, some 15 or 20 minutes, and that they would meet each other at a loading dock. It is not clear as to how long Parkinson and Lorieau were separated but it was a matter of some hours.
After Bachman left the truck stop he drove around and eventually went into a bar by himself. When he returned to his truck he informed Parkinson that he wouldn't be able to pick up his load until the following day. He informed Parkinson that they were going to Marseilles (Illinois) to pick up some chicken and then to go boating. After driving around the country area the defendant pulled off the road near a small building. Parkinson testified that the defendant got out of the truck and reentered it on the passenger side, grabbed her by the neck and informed her that she was going to have sex with him. She further testified as to the defendant's use of a four letter word, that she was choked and was informed by the defendant that he had committed such an act four or five times and liked it that way. It was Parkinson's further testimony that in an effort to delay the defendant she suggested that they leave the truck. The defendant agreed and they went to a corn crib and after being hit on the jaw she was placed on the ground and raped twice.
The defendant's testimony was that he had one act of sexual intercourse with Parkinson and that she was a willing participant.
After the sexual activity the defendant fell asleep and Parkinson fled to the closest house and asked the proprietress if she would call the police. The police were called, and approximately 25 minutes later the defendant was taken into custody. At this time the defendant denied having intercourse with Parkinson.
Testimony established that after the incident Parkinson had trouble breathing, swallowing and talking. There was medical testimony that there was redness around Parkinson's throat and on the lumbar area of her back. A medical examination was conducted and a specimen taken from Parkinson's vagina disclosed that sperm was present and Dr. Tomas testified that at some point within 48 hours from the time he conducted his examination spermatozoa had been introduced into the vagina of Parkinson.
During the course of the trial the prosecutor was permitted to propound the following question to Parkinson:
"Q. Is there any reason why you wouldn't consent to have intercourse with Sonny Bachman?
A. I didn't want to. And I had cyrosurgery in July for surgical [sic] cancer and I have been advised by my doctor not to have intercourse."
We have attempted to summarize the facts as derived from the testimony and which we deem to be essential to this appeal. In addressing the issues presented for determination a recitation of additional facts will be set forth as they become pertinent.
The defendant first argues that the trial court erred in entering convictions for both rape and unlawful restraint. The People concede, and we believe correctly so, that there were not two acts committed which were sufficient to support convictions for both rape and unlawful restraint. See People v. King (1977), 66 Ill.2d 551, 363 N.E.2d 838.
The defendant next asserts that the testimony of the victim Parkinson that her doctor told her not to have sexual intercourse was so prejudicial as to deny him a fair trial.
• 1 The complained-of testimony is classified by the defendant as being hearsay and consequently was inadmissible. We first note that this issue has been waived by the defendant. The testimony when offered at trial was objected to by defense counsel on the grounds of being leading, suggestive and repetitive. There was no objection on the grounds of hearsay. Timely objection to alleged hearsay statements must be made at trial and cannot be raised for the first time on appeal. (People v. Davis (1970), 126 Ill. App.2d 114, 261 N.E.2d 428.) It should further be noted that ...