APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
534 N.E.2d 1036, 179 Ill. App. 3d 737, 128 Ill. Dec. 591 1989.IL.156
Appeal from the Circuit Court of McLean County; the Hon. Luther H. Dearborn, Judge, presiding.
PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court. LUND and KNECHT, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH
After a jury trial, defendant was convicted of aggravated criminal sexual assault. (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(a)(2).) Subsequently, the trial court sentenced defendant to 25 years' imprisonment. Defendant appeals arguing: (1) the trial court committed reversible error by refusing his instruction on battery; and (2) he was denied a fair trial by the failure of the trial court to sua sponte instruct the jury that the State had the burden of proving defendant acted intentionally, knowingly, or recklessly in committing the acts alleged.
The facts are well known to the parties and will be briefly summarized here. On August 7, 1987, an information was filed in McLean County alleging defendant knowingly had sexual intercourse with the complainant by use of force and in so doing caused bodily harm to her. Ill. Rev. Stat. 1985, ch. 38, par. 12-14(a)(2).
Complainant and defendant are cousins. She resided with defendant and his mother for approximately one month during the summer of 1987. She then moved into her own apartment. However, she had financial difficulties and asked defendant's mother if she could move back into their apartment. Defendant's mother told her to talk to the defendant.
On August 6, 1987, at approximately 10:30 p.m., defendant picked complainant up after she had completed work. Defendant had given complainant rides home from work on prior occasions. He was to give her a ride home on this occasion. However, defendant and David Dennison, a friend, went to Chuck McComb's house, where complainant changed from her work uniform. After she and defendant dropped Dennison off at his home, defendant asked her to accompany him to a third friend's house near Lake Bloomington. Complainant stated she and defendant discussed her old boyfriend as they drove toward the lake. Defendant indicated he needed to stop to urinate. He pulled into a parking lot near the lake and left the vehicle.
Complainant stated that after defendant returned to the vehicle, he looked at her in a manner which caused her to be uncomfortable. She told him to stop looking at her. Defendant responded that he could engage in sexual intercourse with her if he wanted to but he did not want to. Complainant stated she said fine and told defendant to quit looking at her. Defendant looked out the window and told complainant to remove her clothing. When she refused, defendant slid over onto her legs, held her arms, shook her, and told her to remove her clothing. Complainant refused again, and defendant hit her in the face and left side of her body with his open hand. He again told her to remove her clothing, and she again refused. Defendant then hit her face with his fist several times while pulling at her sweatshirt. Complainant asked defendant to take her home.
Complainant stated she then opened the door of the vehicle and fell out of the car onto her stomach. Defendant jumped onto the top of her back, encouraging her to engage in sexual intercourse. He then grabbed her hair and hit her head against the parking lot. Defendant pulled complainant to her feet and held her against the vehicle. Complainant told him she would remove her shirt if he would let her go, but defendant refused to let go of her. Complainant removed her shirt but refused to remove her brassiere. Defendant removed her brassiere and held complainant's neck while she removed her jeans. Defendant took complainant to a grassy area near the lot, where they engaged in sexual intercourse. Complainant stated she was crying. However, defendant told her to be quiet or he would hit her again. Defendant said he would make sure she could move back into his mother's ...