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People v. Deenadayalu

June 20, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
VENKATESAN DEENADAYALU, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County. No. 99--CM--2296 Honorable Joseph S. Bongiorno, Judge, Presiding.

The opinion of the court was delivered by: Justice Geiger

Released for publication June 26, 2002. As amended July 30, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
VENKATESAN DEENADAYALU, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Du Page County. No. 99--CM--2296 Honorable Joseph S. Bongiorno, Judge, Presiding.

The opinion of the court was delivered by: Justice Geiger

PUBLISH

Following a bench trial, the defendant, Venkatesan Deenadayalu, was convicted of criminal sexual abuse (720 ILCS 5/12--15(a)(2) (West 1998)) and battery (720 ILCS 5/12--3(a)(2) (West 1998)) and sentenced to 24 months' sex-offender probation and 10 days in the Sheriff's Work Alternative Program. On appeal, the defendant argues that (1) the trial court erred in admitting other-crimes evidence; and (2) he was not proved guilty beyond a reasonable doubt of the offense of criminal sexual abuse. We affirm.

On June 25, 1999, the defendant was charged by complaint with the misdemeanor offense of criminal sexual abuse. 720 ILCS 5/12--15(a)(1) (West 1998). The complaint alleged that, on October 6, 1998, the defendant rubbed his genitals against the leg of the victim, S.C., for the purpose of his sexual arousal. On January 25, 2000, the defendant was charged by information with the additional offense of battery. This charge alleged that on October 6, 1998, the defendant committed a battery against the victim when he kissed her.

The following evidence was introduced at trial. The victim testified that, on October 6, 1998, she experienced a severe headache and a sore neck and went to the Emergency Medical Clinic (Clinic) in Downers Grove. The defendant was a physician on duty at the Clinic and conducted an examination of the victim. The victim testified that, after going into an examination room, the defendant appeared and attempted to lock the door. The victim testified that no one else was in the room besides the defendant and her.

The victim explained her symptoms to the defendant. The victim testified that the defendant then put his hand up her shirt from behind and rubbed her neck in the area where she was experiencing pain. The defendant then moved his hand down her back, placed his hand in the waistband of her sweatpants, and felt the crack of her buttocks. The victim testified that this conduct occurred over a period of 30 seconds.

The victim testified that the defendant then pressed his body against her knee for about five seconds. The victim felt something "hard" against her body, which she believed to be an erection. The victim thought that the defendant had an erection because she saw a "protrusion" from his pants area. The defendant then attempted to pry open the victim's legs. The defendant leaned into the victim and "smelled all the way up [her] head." The defendant then placed his hands under the victim's shirt. The victim testified that the defendant was unable to touch her breasts because she kept her arms down. The defendant then tilted the victim's chin up and kissed her. The defendant told the victim that she appeared "sweaty." The defendant then left the examining room and returned with a prescription form and nose spray. The defendant still exhibited an erection when he returned to the room.

The victim testified that the defendant's conduct amazed and shocked her and that she did not say anything to the defendant during the incident. Following the examination, the victim went to the front desk and paid the fee without voicing a complaint. The victim left the Clinic accompanied by her boyfriend, Jerry Kupsche. After she told Kupsche about the defendant's conduct, Kupsche took her to Edwards Hospital in Naperville. The victim reported the incident to the police the following day.

Officer James Stark of the Downers Grove police department testified that he took the report of the victim's complaint. After receiving the complaint, Officer Stark went to the Clinic and interviewed the defendant. The defendant denied touching the victim in an unprofessional manner. The defendant told Officer Stark that there was normally a female assistant in the room during an examination of a female patient but that no assistant was present during the victim's examination because the office was short-handed.

Over objection, the State introduced the testimony of K.B. and L.H. regarding other acts of sexual misconduct committed by the defendant. K.B. testified that she filed a complaint against the defendant with the Downers Grove police department after the defendant performed an examination upon her at the Clinic on March 11, 1999. On this occasion, the defendant entered the examining room and locked the door. No one else was in the room besides K.B. and the defendant. K.B. explained her symptoms to the defendant, which included abdominal and back pain. The defendant instructed K.B. to pull her pants down. Without wearing gloves, the defendant touched K.B.'s clitoris with his finger and stroked it up and down for less than a ...


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