Defendant, Found Guilty on Two Counts of Predatory Sexual Assault, Loses Appeal

In the case of People v. Hinman, an Illinois jury convicted the defendant on two counts of predatory criminal sexual assault of a child and one count of criminal sexual assault. The defendant was sentenced to 55 years in prison and 3 years to life of mandatory supervised release.

The defendant appealed his conviction. On appeal, the defendant claimed that there was insufficient proof that the defendant was over the age of 17 years when the incidents of predatory criminal sexual assault happened. He also argued that the trial court erred by allowing several witnesses to provide testimony of overly prejudicial sexual offenses that were unrelated to the charges for which he was tried. He further claimed that the circuit court failed to consider mitigating sentencing factors as required by law.

Background of the case 

The defendant was born in 1982. His parents divorced when he was a child, and the defendant’s mother had additional children after remarrying. The defendant had multiple half-sisters. The defendant spent some of his childhood in a household with these half-sisters. In 2002, the defendant married and had multiple children, one of whom was A.H. A.H was removed from the household when she was 8 years old due to allegations of sexual abuse by the defendant. The defendant was subsequently charged with predatory criminal sexual assault of a child for having sexual contact with his daughter. The defendant’s half-siblings were subsequently interviewed regarding potential sexual abuse.

The case mentioned above involved allegations of sexual abuse with his half-siblings. The defendant was charged with two counts of predatory criminal sexual assault for conduct involving his half-sister. According to prosecutors, the defendant was over 17 at the time while the victim was under 13.

State presents evidence of a propensity to commit criminal sexual acts 

As part of their case, the state presented the victim as a witness to sexual misconduct that occurred while she was a child. In addition to the victim, the state called several of the defendant’s half-siblings to the stand as well as his daughter to provide testimony on the defendant’s propensity to commit sexual offenses. The state argued that presenting this evidence was necessary to their case. They argued that the probative value of the evidence outweighed any prejudice to the defendant.

The defense argued that the state should not be allowed to present more evidence of other events that the defendant was not charged for. The defense argued that the witness testimony would be overwhelmingly prejudicial.

In this case, the circuit court ruled in favor of the prosecution and permitted the witness testimony by multiple siblings and the defendant’s daughter into the record. The defendant appealed his conviction on this basis, hoping the appeals court would find the testimony prejudicial. However, they did not, and the defendant’s conviction was affirmed.

Talk to a Champaign, IL Criminal Defense Lawyer Today 

Patel Law, P.C. represents the interests of Illinois residents who have been charged with serious crimes. Call our Champaign criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.

Source:

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