Defendant Guilty Sexual Abuse Contended That His Trial Lawyer Elicited Testimony from Witnesses That Corroborated the Victim's Story
Can a Defendant Guilty of Criminal Sexual Abuse Contend Ineffective Counsel Because His Trial Counsel Elicited Testimony from Witnesses that Corroborated the Victim's Story ?
In People v. Park, 245 Ill. App. 3d 994, 615 N.E.2d 753, 185 Ill. Dec. 883 (1993), the defendant was charged with four counts of criminal sexual assault. Park, 245 Ill. App. 3d at 996.
Counts I through III charged that, on or about October 21, 1990, the defendant committed various acts of sexual penetration against his minor daughter. Park, 245 Ill. App. 3d at 997.
Count IV charged that " 'on or about between July, 1989 and October 1990,' [the] defendant placed his penis into the victim's vagina." Park, 245 Ill. App. 3d at 996.
At trial, the victim testified that the defendant first initiated oral sex with her in 1988, and further testified as to several instances of sexual contact and intercourse with the defendant from June 1990 to October 1990. Park, 245 Ill. App. 3d at 997-99.
The victim stated that she ran away from her parents' home on November 8, 1990, and went to the home of her friend, Ko. Park, 245 Ill. App. 3d at 998.
While at Ko's home, the victim showed Ko a letter, which was subsequently admitted into evidence over defense counsel's objections, that the victim had written to the defendant concerning the alleged sexual assault. Park, 245 Ill. App. 3d at 999, 1004.
Ko testified that after the victim showed her the letter, she called the police and showed the letter to the responding police officer. Park, 245 Ill. App. 3d at 999.
On cross-examination, the defendant's counsel elicited from Ko the fact that the victim had told Ko that she had been raped by her father. Park, 245 Ill. App. 3d at 1003.
The defendant's counsel also elicited from the responding officer that the victim had told him that she had been sexually molested by the defendant. Park, 245 Ill. App. 3d at 999.
The victim's treating pediatrician testified that she interviewed and examined the victim. Park, 245 Ill. App. 3d at 999.
The pediatrician was allowed to testify, over defense counsel's objection, as to the victim's answers to the questions asked by the pediatrician during the interview, i.e., that the victim's father had penetrated her vaginally and anally, and that she had not been sexually active with anyone but her father. Park, 245 Ill. App. 3d at 1000.
The pediatrician's examination of the victim revealed that the victim had engaged in sexual relations. Park, 245 Ill. App. 3d at 1000.
Based on her interview and examination of the victim, the pediatrician opined that the victim had been sexually abused. Park, 245 Ill. App. 3d at 1000.
The defendant denied the victim's allegations and testified that the allegations were a result of the victim's resentment toward him and the victim's mother concerning the strict control they attempted to keep of her social conduct. Park, 245 Ill. App. 3d at 1000.
The jury found the defendant guilty on count IV of the indictment. Park, 245 Ill. App. 3d at 996.
On appeal, the defendant contended that he received ineffective assistance of counsel because his trial counsel: elicited testimony from other witnesses that improperly corroborated the victim's story; failed to request a limiting instruction regarding evidence of offenses other than those charged; and, although he made two objections to admission of the letter written by the victim, he failed to properly object to the letter on the basis that it was "self-serving." Park, 245 Ill. App. 3d at 1001, 1004.