Appeal from the Circuit Court of St. Clair County; the Hon.
Milton Wharton, Judge, presiding.
JUSTICE HARRISON DELIVERED THE OPINION OF THE COURT:
Respondent, C.K.M., a 14-year-old male, was adjudicated delinquent after a juvenile court hearing based upon the offense of attempted rape upon a six-year-old girl. The trial court denied the respondent's motion in arrest of judgment and sentenced the respondent to two years' probation. Respondent appeals, contending (1) that the trial court exceeded the scope of section 115-10 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 115-10) by allowing hearsay testimony into evidence pertaining to the alleged act and corroborative complaints which was not spontaneous or timely, and (2) that the State failed to prove the essential element of force beyond a reasonable doubt.
The minor victim, K.D., testified that approximately two weeks prior to the adjudicatory hearing the respondent tried to put his penis in her vagina. This incident occurred during an afternoon nap period for the children being cared for at the respondent's residence by the respondent's mother. K.D. stated that respondent woke her up from her nap and told her to take off her panties. He then pulled out his penis, put a white substance on it, got on top of her, and attempted to insert his penis into her vagina. K.D.'s testimony was that the respondent "put his tail in my pee pee hole * * * Big Chris put some Clorox [sic] on his tail, and then he put it in my pee pee hole." K.D. said that she asked the respondent to stop because he was hurting her. The respondent replied, "It won't hurt you when you go to the bathroom," and continued in his attempt to penetrate her vagina. After the respondent finished, he told K.D. not to tell anyone and gave her a toy motorcycle and a piece of candy after she promised not to tell.
Dr. George Pratt, a medical doctor with the United States Air Force, testified that he examined six-year-old K.D. on July 27, 1983, at 5:45 p.m. for indications of sexual abuse. In examining the minor, Dr. Pratt took a history. Dr. Pratt testified:
"I asked the little girl what had happened. She said that she only wanted to describe this once, and so my assistant didn't go into the details on it. She called me, and the little girl said, and I quote, `Big Chris put some grease on his tail and put it against my pee pee, and it hurt when I went to the bathroom * * *.' She said he hurt when he put his tail on her, and he did this five times."
An examination of K.D.'s vaginal area revealed small amounts of blood. Although this blood was not copiously present, it did indicate that K.D.'s vagina had recently undergone some sort of trauma. Dr. Pratt was unable to determine whether or not this trauma was the result of sexual molestation. Dr. Pratt also noted that he observed a blood spot on her underwear about the size of a nickel. He testified that it was uncommon for a six-year-old girl to have traces of blood or a small drop of blood in her vaginal orifice. The doctor also indicated that his examination of the minor was difficult because she was afraid they were going to hurt her and she actively resisted the examination.
K.D.'s mother testified that on July 27, 1983, at approximately 5 p.m., K.D. walked into the house and went to the bathroom. While in the bathroom K.D. began to cry. In response to her question as to why she was crying, K.D. stated, "Well, Chris hurt me * * * that he had put some stuff on his tail and tried to put it in her pee pee." On examining K.D.'s vaginal area, she noticed that the skin around K.D.'s vagina was sore and a little greasy and there was blood on her panties.
Fairview Heights police detective James Stover testified that on July 28, 1983, at approximately 8:30 a.m., he received a telephone call from the Scott Air Force Base Hospital Emergency Room informing him that a juvenile had been brought in and treated for possible sexual molestation. After obtaining the victim's address, he went to K.D.'s house and asked K.D. several questions about the alleged incident. Detective Stover repeated the complaint made by the minor but went into more details of the attempted rape as related to him as a result of these questions. The State rested its case-in-chief after Detective Stover's testimony.
The defense called respondent's mother, respondent's father, and the respondent as witnesses. Respondent's mother testified that on July 27, 1983, the respondent was watching a movie. While the respondent was watching the movie, K.D. was crawling over the respondent and straddling his leg, riding it like a horse. Respondent's mother never heard K.D. say stop nor did she hear K.D. complain of pain while K.D. was at her residence. Respondent, C.K.M., testified that on July 27, 1983, K.D. was jumping onto his lap vigorously while he was watching a movie. Later, during the afternoon nap, he laid down on the floor by a cool air vent near the couch where K.D. was lying. While he was on the floor, he "itched" his crotch area and his penis became visible. K.D. saw his penis and touched it. K.D. then pulled off her pants and underwear and he laid on the couch with her. When he rolled over, his arm was lying on her arm and she yelled. He tried to get away, but as he was doing so, his penis touched K.D.'s vaginal area. He testified that although he had a partial erection while he was on the couch with K.D., he did not intend to put his penis into her vagina.
After respondent's testimony, the defense rested. The State and the defense then called rebuttal witnesses. The court thereafter made an adjudication of delinquency based upon the offense of attempted rape.
• 1, 2 Respondent's first contention on appeal is that the trial court exceeded the scope of section 115-10 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 115-10) by allowing into evidence detailed hearsay testimony pertaining to the alleged act and corroborative complaints which was not spontaneous or timely. Section 115-10 of the Code of Criminal Procedure of 1963 provides:
"In a prosecution for a sexual act perpetrated upon a child under the age of 12, including but not limited to prosecutions for violations of Sections 11-1 through 11-5 of the Criminal Code of 1961, the following evidence shall be admitted as an exception to the hearsay rule:
(1) testimony by such child that he or she complained of such act to another; and
(2) testimony by the person to whom the child complained that such complaint was made in order to corroborate the child's testimony." (Ill. ...