2020 IL App (2d) 180473
Ill. App. Ct.2021Background:
- Defendant Christopher D. Allen was charged with two counts of domestic battery for choking A.R., alleged to be his "girlfriend."
- At trial A.R. testified they had been "dating" on and off for about eight months, had a sexual relationship, spent time together (movies, meals), and she loved him.
- Defendant testified the relationship was primarily sexual, not a dating relationship; he was seeing other women and did not consider himself her boyfriend.
- The jury convicted defendant of domestic battery (insulting or provoking contact) but acquitted on the bodily-harm count; sentence was 2 years’ probation including 10 days in jail.
- On appeal the sole legal issue was whether the State proved A.R. was a "family or household member" because she and defendant were in a "dating relationship" under 720 ILCS 5/12-0.1.
- The court affirmed, holding that Young’s definition of a dating relationship — "an established relationship with a significant romantic focus" — should be read broadly to include relationships that are mainly sexual but also include companionship and some reciprocal interest.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether A.R. was a "dating relationship" member under 12-0.1, making the offense domestic battery | A.R.’s testimony (8 months on/off dating, ongoing sexual relationship, regular shared time) sufficed to show a dating relationship | Relationship was primarily physical, not a "romantic" or "serious courtship," so it did not qualify under the statute | Affirmed: court held Young’s formulation applies; "romantic" is broad enough to include mainly sexual relationships with companionship/reciprocity, and the evidence was sufficient |
Key Cases Cited
- People v. Young, 362 Ill. App. 3d 843 (2005) (defines "dating relationship" as at minimum "an established relationship with a significant romantic focus")
- Alison C. v. Westcott, 343 Ill. App. 3d 648 (2003) (adopted Oriola’s sociological discussion; treated "dating relationship" as a serious courtship)
- Oriola v. Thaler, 100 Cal. Rptr. 2d 822 (Ct. App. 2000) (provides an expansive sociological definition of "dating relationship")
- People v. Irvine, 379 Ill. App. 3d 116 (2008) (applied Young/Alison C. to hold that a six-week dating/sexual relationship qualified as a dating relationship)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)