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02/25/87 the People of the State of v. Donald Parker

February 25, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DONALD PARKER, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

504 N.E.2d 1006, 152 Ill. App. 3d 732, 105 Ill. Dec. 721 1987.IL.234

Appeal from the Circuit Court of Peoria County; the Hon. Calvin R. Stone, Judge, presiding.

APPELLATE Judges:

JUSTICE SCOTT delivered the opinion of the court. BARRY, P.J., and WOMBACHER, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT

The defendant, Donald J. Parker, was convicted of the offense of sexual relations within families. (Ill. Rev. Stat. 1985, ch. 38, par. 11-11.) The trial court sentenced him to 30 months' probation conditioned upon his serving a one-year term of periodic imprisonment and paying a $1,000 fine. The defendant appeals.

At trial, the defendant's stepson testified that on December 31, 1985, when he was 18 years old, he performed two acts of fellatio on the defendant. The first act occurred around 5 p.m., when the defendant walked into his stepson's bedroom and asked him to perform the act. The second act occurred at about 11:30 p.m., after the stepson reminded the defendant that they had agreed to have sex again. According to the stepson, his sexual relationship with his stepfather had started in the fifth or sixth grade.

Peoria police investigator Randy Pollard testified that the defendant, during questioning following his arrest, had admitted having his stepson perform oral sex on him.

Dr. Donald Legan, a clinical psychologist, testified that the victim had an I.Q. of 76, which bordered on retardation. The victim did not understand that there was anything wrong with his conduct and saw it as a way to get others to like him. As a result, the victim had been expelled from school for making sexual overtures to other male students and had begun sexual conduct with his 12-year-old brother.

The defendant presented no evidence.

On appeal, the defendant argues that the State failed to prove him guilty beyond a reasonable doubt because the offense of sexual relations within families does not prohibit the instant conduct between a stepparent and a stepchild.

The sexual-relations-within-families statute provides, inter alia :

"(a) A person commits sexual relations within families if he or she:

(1) Commits an act of sexual penetration as defined in Section 12 -- ...


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