People v. Warren

113 Ill. App. 3d 1 (1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was 30 years of age and was a student at Southern Illinois University. Victim was 32 years of age and worked as a volunteer at Synergy, an organization located in Carbondale, Illinois. Victim rode her bicycle to Horstman's Point. While she was standing alone D approached her and initiated and engaged in a conversation with her. Victim did not know D but she responded to his conversation which was general in nature. She started to walk away from the lake in the direction of her bicycle which was at the top of the hill. D continued talking as he walked alongside her. When she got on her bicycle D placed his hand on her shoulder. At this time, complainant stated, 'No, I have to go now,' to which D responded, 'This will only take a minute. My girlfriend doesn't meet my needs.' D also told her that 'I don't want to hurt you.' D then lifted her off the ground and carried her into a wooded area adjacent to the reservoir. D placed her on the ground and told her to put her head on his backpack. D told her to take her pants down which she did partway. D pulled her pants completely off and placed them underneath her. He then proceeded to pull up her tank top shirt and began kissing her breasts and vaginal area. After he finished kissing D sat up and unzipped his pants and complainant performed an act of fellatio upon him. At the completion of this second act, D gave her an article of clothing to wipe her mouth. She dressed and D picked her up again and carried her back to her bicycle. D testified that she asked him, 'Is that all?' to which he answered, 'Yes.' She got on her bicycle and rode to Synergy. She eventually went to the police. She again saw D while she was jogging and reported him to the police as the man with whom she had sexual relations. D was arrested and charged with deviate sexual assault. D admits that he performed the acts upon which the deviate sex charges are based. He contends, however, that the acts complained of were performed without force or threat of force. D was convicted and appealed.