Lack of Injury In Illinois Sex Crime Cases

In People v. Anderson, 20 Ill. App. 3d 840, 314 N.E.2d 651 (1974), the court was suspicious of the lack of vaginal injury, since the victim had testified that she was a virgin at the time of the alleged assault and the defendant had difficulty penetrating her. The victim also had several opportunities to make an outcry for help or escape, but she did not. In People v. DeWeese, 298 Ill. App. 3d 4, 698 N.E.2d 554, 232 Ill. Dec. 463 (1998), the victim's mother and grandmother testified that she told them that the defendant shoved perfume bottles up her vagina. However, the victim testified that she forgot what happened, no medical evidence supported the charge, and the defendant denied the accusations. On appeal, the court found that the trial court could rationally determine that the State did not prove an act of sexual penetration. In Maggette, 195 Ill. 2d 336, 747 N.E.2d 339, 254 Ill. Dec. 299, the supreme court found the victim's testimony that the defendant rubbed her vagina over her underwear and her "brief and vague reference to her vaginal area" insufficient to prove penetration.