Convictions Reversed for Attempted Criminal Sexual Assault - Example Case
In People v. Montefolka, 287 Ill. App. 3d 199, 678 N.E.2d 1049, 223 Ill. Dec. 41 (1997), the victim was awakened in the night by her whining dog.
When she went downstairs to check on the dog, she discovered the defendant inside the house.
She ran for the door but defendant grabbed her.
He wrestled her to the floor and, while holding her in a "choke hold," twice ordered her to take off her underpants.
The victim refused and eventually, through conversation, was able to calm the defendant and he left the house with some cash. Montefolka, 287 Ill. App. 3d at 202, 678 N.E.2d at 1051.
The First District Appellate Court reversed the defendant's attempt (criminal sexual assault) conviction, finding he had not taken a substantial step toward the forced act of penetration. Montefolka, 287 Ill. App. 3d at 211, 678 N.E.2d at 1057.