People v. Howard
970 N.E.2d 63
Ill. App. Ct.2012Background
- Howard was convicted of aggravated domestic battery, unlawful restraint, and domestic battery after a bench trial in Knox County.
- The victim testified she and Howard had sexual encounters and were not in a dating relationship, describing the relationship as strictly sexual.
- Howard and the victim both testified they were not dating; Howard characterized the relationship as a series of one-night stands with no flowers or exclusive arrangements.
- The trial court convicted Howard of aggravated domestic battery by finding a dating relationship existed.
- The appellate court reduced the conviction to aggravated battery because the State failed to prove a dating relationship, but left the sentence intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a dating relationship existed. | Howard v. People: no dating relationship established. | Victim v. State: relationship had romantic focus enough to be dating. | No dating relationship proven; conviction reduced to aggravated battery. |
Key Cases Cited
- People v. Collins, 106 Ill. 2d 237 (1985) (standard for sufficiency of evidence in criminal cases)
- People v. Young, 362 Ill. App. 3d 843 (2005) (defines dating relationship for domestic violence statutes)