Defendant Appeals Post-Conviction Relief Over Sex Crimes Committed Against Step Daughters

Following a 2014 trial, defendant Timothy Davis was convicted on two counts of aggravated criminal sexual abuse against his two stepdaughters and one count of predatory criminal sexual assault of a child. The trial court sentenced him to concurrent 5-year prison sentences on the charges of aggravated criminal sexual abuse and 12 years on the count of predatory criminal sexual assault of a child. He would face a maximum of 17 years in prison based on that sentence.

The defendant appealed the decision on the grounds that the trial court improperly admitted evidence of prior bad acts and improperly admitted testimony that bolstered the claims of his stepdaughters. He also argued that his counsel was ineffective during his representation during the case. The court rejected the defendant’s evidentiary arguments but remanded the case for a Krankel hearing based on the ineffective assistance of counsel claim.

During the Krankel hearing, the court determined that all of the defendant’s claims related to trial strategy and thus rejected the claims without appointing new counsel. The defendant appealed the decision on the grounds that the court had not addressed all of his complaints. The matter was sent for a second Krankel hearing. Upon remanding the case to a second Krankel hearing, the court dealt with two matters raised by the defendant. They found that neither of the defendant’s issues had merit. The defendant then appealed for post-conviction relief and that too was denied by the courts.

Analyzing the charges 

The defendant was convicted of two counts of aggravated criminal sexual abuse. Aggravated criminal sexual abuse is charged when a defendant commits sexual abuse against another individual and any of a number of aggravating factors are present. These include:

• The use of a dangerous weapon – If the defendant uses, displays, or threatens to use a dangerous weapon, they can be charged with aggravated criminal sexual abuse.

• Causing bodily harm to the victim – If the defendant causes bodily harm to the victim, they can be charged with aggravated criminal sexual abuse.

• The victim is 60 years of age or older – If the victim is over the age of 60, the defendant can be charged with aggravated criminal sexual abuse.

• The victim has a physical disability – If the victim is physically disabled, then the defendant can be charged with aggravated criminal sexual abuse.

• Threatening the life of the victim – If the victim’s life is threatened in the act of committing sexual abuse, they can be charged with aggravated criminal sexual abuse.

• Other felonies – If a defendant commits sexual abuse during the commission of another felony, then the defendant can be charged with aggravated criminal sexual abuse.

• Use of intoxicants – If a defendant uses a controlled substance to ply the victim, they can be charged with aggravated criminal sexual abuse.

Predatory criminal sexual abuse against a minor is charged when the defendant commits some act of sexual penetration against the minor.

Talk to a Champaign, IL Sex Crimes Attorney Today 

If you have been charged with a sex crime in Illinois, you will need the help of a skilled criminal defense attorney to handle the matter. Call the Champaign criminal defense lawyers at Patel Law, PC today to schedule an appointment, and we can begin discussing defense strategy immediately.

Source:

illinoiscourts.gov/resources/bceeb51a-0e99-4e30-8243-d6b38584d17a/file