Cases Involving Period Between Beatings and Sexual Assault
In People v. White, 195 Ill. App. 3d 463, 552 N.E.2d 410, 142 Ill. Dec. 60 (1990), the victim testified that the defendant hit her several times while they were downstairs in her residence, then the defendant followed her upstairs to her bedroom and sexually assaulted her.
In People v. White, 195 Ill. App. 3d 463, 466, 552 N.E.2d 410, 412, 142 Ill. Dec. 60 (1990), the court found that the period between the beatings and the sexual assault was sufficiently close so that the beatings could be found to have been committed during the commission of the sexual assault. People v. White, 195 Ill. App. 3d at 467, 552 N.E.2d at 412.
In People v. Colley, 188 Ill. App. 3d 817, 820, 544 N.E.2d 812, 814, 136 Ill. Dec. 126 (1989) the defendant cut the victim with a pocketknife soon after completion of a sexual assault. on appeal, the defendant argued that the infliction of injury occurred subsequent to the sexual assault and was too removed in time to be considered part of the same course of conduct. This court rejected that argument, stating that the injury occurred sufficiently close in time to the sexual acts. People v. Colley, 188 Ill. App. 3d at 820, 544 N.E.2d at 814.
In People v. Lamon, this court again noted that "What is significant is not the order in which the forced intercourse and assault occurred, but that defendant sexually assaulted the victim and the infliction of the bodily injury occurred during or as a part of the commission of that forcible rape." People v. Lamon, 346 Ill. App. 3d 1082, 1091, 805 N.E.2d 271, 278, 281 Ill. Dec. 903 (2004).