People v. Giraud
354 Ill. Dec. 187
Ill. App. Ct.2011Background
- Defendant Ernesto Giraud was convicted after a jury trial of one count aggravated criminal sexual assault, two counts criminal sexual assault, and one count criminal transmission of HIV; sentences run concurrently.
- Victim T.G. was 16 at trial and lived with defendant, who was HIV positive and on treatment.
- Defendant allegedly forced T.G. to have sex on multiple occasions between Thanksgiving 2007 and January 2008, with threats of harm to family if she disclosed.
- The first assault involved unprotected intercourse; T.G. resisted, escaped to the bathroom, and defendant allegedly threatened further harm if she told anyone.
- T.G. ingested Tylenol to the point of hospitalization about two weeks later; defendant acknowledged sexual encounters in statements to police.
- Defendant testified to medical conditions and claimed he did not tell the truth in statements; the State’s evidence included these admissions and the alleged lack of consistent medical corroboration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HIV exposure satisfies the ‘threaten or endanger life’ element | State argues exposure could endanger life contemporaneously or in future | Giraud contends exposure does not threaten life during the assault | Not proven; only exposure to HIV without immediate threat does not meet the statute |
| Whether prosecutor's rebuttal comments shifted burden of proof | State contends comments response to defense; did not shift burden | Claims comments implied defendant had to prove credibility with doctors | No reversible error; comments viewed in context and did not shift burden |
| Consecutive vs concurrent sentencing for HIV transmission | N/A | N/A | HIV transmission sentence must run consecutively to sexual assault sentences; remand for resentencing |
Key Cases Cited
- People v. Ramsey, 147 Ill.App.3d 1084 (1986) (threats to kill victim during assault when weapon involved can support 12-14(a)(3))
- People v. Zernel, 259 Ill.App.3d 949 (1994) (threats to kill with weapon or display of gun justify 12-14(a)(3))
- People v. McCoy, 207 Ill.2d 352 (2003) (pillow over face upheld life-threatend during assault)
- People v. Everhart, 405 Ill.App.3d 687 (2010) (object to head and threat of killing during assault supports 12-14(a)(3))
- People v. Singleton, 217 Ill.App.3d 675 (1991) (one-act, one-crime considerations; life-threats must occur during offense)
- People v. Potts, 224 Ill.App.3d 938 (1992) (aggravation must be contemporaneous with assault under 12-14(a)(3))