How Many Years In Prison for Sexual Abuse by the Father ?
In People v. Carter, 272 Ill. App. 3d 809, 651 N.E.2d 248, 209 Ill. Dec. 320 (1995), the defendant was convicted of aggravated criminal sexual assault and aggravated criminal sexual abuse with respect to his eight-year-old daughter and five-year-old son.
He was sentenced to 15 years for the assault count and 6 years for the abuse count, to run consecutively.
The sentences were vacated on appeal because the trial court had erroneously believed that consecutive sentences were mandatory.
Upon resentencing, the defendant received the same sentences. Carter, 272 Ill. App. 3d at 810.
On appeal, the sentences were upheld. Although the defendant in Carter had a history of criminal activity, including two serious felonies (none of which involved sex crimes against children), the Carter court concluded that consecutive sentences were proper under paragraph (b) of the Code because:
"It was reasonable for the court to view as more serious these offenses committed by defendant over a period of time during which, as the trial court noted, he had an opportunity to reflect on his actions and the adverse impact they were having on the victims.
The fact that the victims were defendant's young children was also a proper focus of the trial court's attention, given the authority defendant exercised over them and the violation of trust that occurred." Carter, 272 Ill. App. 3d at 812.
The court also noted that the defendant lacked remorse and failed to take responsibility for what he had done. Carter, 272 Ill. App. 3d at 813.
In conclusion, the Carter court stated:
"The trial court was within the bounds of its discretion to consider, as it did, that the public needed protection from defendant in light of the fact that, in committing the offenses, he preyed upon the most vulnerable in society." Carter, 272 Ill. App. 3d at 813.