2024 IL App (3d) 210324
Ill. App. Ct.2024Background
- Qushawn V. Houston was convicted of predatory criminal sexual assault of a child and sentenced to 12 years in prison.
- The victim was 12 years old, while Houston was 24 years old at the time of the offense in November 2018.
- During pretrial, Houston sought to introduce a mistake-of-age defense, alleging the victim's Facebook profile made her appear older.
- The trial court granted the State's motion in limine to exclude the mistake-of-age defense, citing binding appellate precedent.
- At sentencing, Houston attempted to call the victim to lay a foundation for his mistake-of-age mitigation argument, but the court disallowed this, instead admitting supporting documents.
- On appeal, Houston challenged (1) the exclusion of his mistake-of-age defense at trial, and (2) the refusal to allow the victim's testimony at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistake-of-age defense at trial | Not allowed under the statute | Defense should be permitted; statute is not strict liability for age | Mistake-of-age defense not available in this offense |
| Calling victim at sentencing to mitigate | Proper to exclude, foundation not required | Needed victim to lay foundation for mistake-of-age mitigation evidence | No error; defendant acquiesced and was not prejudiced |
Key Cases Cited
- People v. Douglas, 381 Ill. App. 3d 1067 (Ill. App. Ct. 2008) (held mistake-of-age is not a defense to predatory criminal sexual assault of a child)
- People v. Raymond, 404 Ill. App. 3d 1028 (Ill. App. Ct. 2010) (adopted Douglas and reaffirmed no mistake-of-age defense)
- People v. Terrell, 132 Ill. 2d 178 (Ill. 1989) (discussed mental states required for elements of the statute)