People v. Brown, 985 N.E.2d 582

Brown was convicted after a jury trial of involuntary manslaughter and aggravated criminal sexual assault stemming from the June 9, 2009 beating death of V.W.
Count V alleged aggravated criminal sexual assault: during a sexual act, Brown knew V.W. could not consent and caused bodily harm.
Evidence showed Brown admitted beating V.W. for 30–45 minutes and then engaging in sex with her while she was severely injured or dying.
The autopsy revealed extensive blunt-force head injuries and other trauma consistent with Brown’s admitted beating; multiple injuries were fresh and caused by blunt force.
Brown provided multiple inconsistent statements to police, burned V.W.’s belongings, and tried to obscure his actions, including handling of a laptop and phone.
On appeal Brown challenged the sufficiency of the evidence to prove lack of knowledge of consent and Brown’s knowledge of V.W.’s inability to consent; the court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for 12-13(a)(2)	Brown contends the State failed to prove V.W. unable to consent or Brown’s knowledge of this.	Brown argues the evidence shows consent or insufficient basis to infer lack of consent, plus credibility questions on his statements.	Affirmed: sufficient evidence supported lack of consent and Brown’s knowledge

People v. Beasley, 314 Ill. App. 3d 840 (2000) (consent not automatic; lack of resistance does not equal consent)
People v. Whitten, 269 Ill. App. 3d 1037 (1995) (consent depends on circumstances and defendant’s knowledge; evaluation of victim’s capacity)
People v. Roberts, 182 Ill. App. 3d 313 (1989) (consent as the antithesis of force; force proves nonconsent)
People v. Haywood, 118 Ill. 2d 263 (1987) (force implies nonconsent; redundancy of separate nonconsent showing)
People v. M.D., 231 Ill. App. 3d 176 (1992) (recognizes evolution of consent standards; absence of implied consent)