People v. Lloyd
Annotate this CaseLloyd was convicted of seven counts of criminal sexual assault under 720 ILCS 5/12-13(a)(2). The victim was 13 years old and had known Lloyd all of her life. The appellate court affirmed six of his convictions, rejecting challenges to the sufficiency of the evidence. The Illinois Supreme Court held that all seven convictions must be reversed. The state was required to prove that Lloyd committed an act of sexual penetration with the victim and that he knew either that she was unable to understand the nature of the act or that she was unable to give knowing consent. Lloyd’s knowledge of the victim’s age, alone, was insufficient to prove that he knew the victim was unable to understand the nature of the sex acts or give knowing consent. The court criticized the state’s decision not to charge aggravated criminal sexual abuse, for which the evidence was sufficient, stating that it is “more than unfortunate that the State chose to prosecute this case in a manner that required the minor victim … to answer questions as to her motivation or willingness to engage in sexual activity … and about her sexual education.”
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