delivered the opinion of the court:
After a jury trial, defendant James Glass was convicted of three counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—14(b)(1)) and one count of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12—16(c)(1)). Defendant was sentenced to three consecutive terms of 25 years of imprisonment for the aggravated criminal sexual assault charges and a concurrent term of seven years of imprisonment for aggravated criminal sexual abuse. Defendant appeals his convictions and sentences. We affirm.
On January 30, 1991, defendant was charged with three counts of aggravated criminal sexual assault and two counts of aggravated criminal sexual abuse of his 10-year-old next-door neighbor, E.C. On August 13, 1991, the court held a hearing pursuant to section 115 — 10 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1991, ch. 38, par. 115—10) to determine the reliability of statements made by the victim, E.C., to Bloomington police officer Mike Jordan. Jordan testified that on January 24, 1991, he met with E.C. at the Bloomington police department along with Lisa Piper from the Department of Children and Family Services (DCFS). Jordan said E.C., who was 10 years old at that time, told him that defendant had performed sexual acts with her. E.C. described in detail a few of the incidents and said they mostly occurred in defendant’s car or van out in the country except for one occasion which took place in defendant’s bedroom in Bloomington. Jordan compiled a typed statement of E.C.’s remarks and had E.C. read the statement over for clarity and to make corrections. The court admitted the statement into evidence as People’s exhibit No. 1.
At trial, Jordan testified to his conversations with E.C. on January 24 and January 31 during which he compiled the typed statements of her comments. E.C. told Jordan the first incident happened during the summer of 1990 when she accompanied defendant to the Furrows store. After defendant finished purchasing hardware at Furrows, he drove out into the country and put his hand down E.C.’s shirt and felt her breasts. He then put his hand down her pants and felt her vagina. The second incident E.C. described to Jordan was when she and her best friend, M.C., went into the country with defendant in his van. Defendant gave each of them money for hugs and kisses. The third incident E.C. described to Jordan occurred the day before Christmas eve in 1990 when defendant asked E.C. to come over to his house next door and see his waterbed. When E.C. complied and sat on his bed, defendant removed her pants, pulled up her shirt and began licking her breasts and vagina. E.C. stated that defendant then had her stimulate his penis and testicles. E.C. described to Jordan in detail how defendant had her perform oral sex on him to the point of ejaculation.
Jordan attested to the fact that E.C.’s signature was on the statement and that she had read it over and circled the misspelled words. Jordan said he proceeded to defendant’s residence on January 30, 1991, and arrested him shortly thereafter. Jordan could not swear all of the alleged incidents of sexual abuse happened within the borders of McLean County since E.C. could not pinpoint the locations except for the incident in defendant’s bedroom. Jordan stated he believed the incident after the trip to Furrows occurred in McLean County because E.C. stated that when they got back close to town and traffic started to get heavy, defendant would stop fondling her.
E.C. testified she was bom March 26, 1980, and moved next door to defendant in Bloomington on March 11, 1990. Defendant began spending a lot of time with E.C.’s family soon after they moved in. E.C. would often go places with defendant by herself and he would buy her toys and clothes. E.C. said that defendant touched her “in the wrong places,” including her “potty,” which she indicated was the area between her legs. E.C. said she did not remember where it happened. She then said she did not remember anything about the first time it happened and did not recall telling Jordan about these incidents in the typed statement. After E.C. was allowed to read her statement to refresh her memory, she said she still did not remember it. E.C. admitted she was scared to tell what happened and did not want to talk about it. She then recalled one time when defendant took her to the State fair. She said defendant had a smile on his face and she “knew he wanted to do sex with me” because he smiled and winked. She said defendant kissed her, did things to her “potty” and her “boobs.” She said this occurred in defendant’s van during the summer of 1990 in a parking lot across from the State fair.
E.C. also described the incident where defendant asked her to see his waterbed. She said when she went inside his bedroom, defendant shut the door and pulled down her pants and underwear. Defendant took his pants off and proceeded to touch, kiss, and lick E.C.’s vagina and breasts. E.C. described how defendant rubbed his penis on her vagina but said defendant did not put his fingers into her vagina on this occasion. E.C. said she did not remember if she touched him and does not thini she had anything in her mouth. She did not remember him doing anything else with his penis. She has tried to forget these things and does not like thinking about it. E.C. said she signed the statement given to Jordan and that it was the truth. She understood what it meant to tell the truth. E.C. said after the incident on the waterbed she went to Havana, Illinois, with defendant to look at houses but defendant did not fondle her on that trip. E.C. also testified defendant drove her and her friend M.C. out in the country and offered them money for hugs and kisses. Defendant gave them both “French and regular kisses” and told them not to tell anyone.
M.C. testified she is 12 years old. She and E.C. would often go places with defendant and he would take them out to eat or buy them clothes. On one occasion he took them to a lake outside of town. Defendant told them he would give each of them $5 for five hugs and kisses. M.C. said while defendant was kissing her he put his hand inside her shirt, rubbed her back, and raised her shirt. Over defense objection, M.C. stated that E.C. told her that on one occasion that defendant “took her (E.C-) into his house and actually did sex to her.”
A.C. and R.C., E.C.’s parents, testified that defendant saw E.C. at least once a week and would often take her places alone. R.C. recalled E.C. acting upset on one or two occasions after going someplace with defendant.
Defendant testified he is 46 years old and works as a general contractor. He lived in Bloomington next door to E.C. and would often go places with various members of her family. Defendant took E.C. to fairs or events around central Illinois but denied ever doing “anything of a sexual nature” with her. Defendant said that on one occasion he took M.C. and E.C. to Clinton Lake in De Witt County. While he was driving, the girls started talking about training bras. Then he said M.C. exposed her breasts which he could not see from the driver’s seat. Defendant became upset when the girls began talking about condoms and masturbation and told them to “shut up.” When they got to the lake, defendant said E.C. was upset because she had never heard defendant yell. Defendant said he put his arms around them and said he was sorry and kissed them both on the cheek. Defendant did not offer them money but the girls took some change off the dashboard after defendant bought gas. On other occasions defendant took E.C. camping, shopping, or to a movie but he denied ever touching her sexually. Defendant stated that on Saturday, December 22, 1990, he took E.C. with him to Havana, Illinois, to submit a job estimate on a house. Defendant said he frequently goes to Furrows in Bloomington and may have taken E.C. with him but he does not specifically remember taking her there. Defendant stated he considers himself a homosexual and admitted he pleaded guilty in November 1990 to sexual abuse of a young boy.
Pursuant to the prosecution’s motion, the court nol-prossed count III. The jury found defendant guilty on all remaining counts. Defendant filed a post-trial motion which the trial court denied. At the sentencing hearing, the State presented L.M., who testified that she had known defendant since 1967 when he was her next-door neighbor. In 1969 when L.M. was nine, defendant fondled her vagina with his finger. He also attempted to perform oral sex on her but she was able to get free and run home. Defendant attempted to molest her on another occasion but stopped when L.M. screamed. Defendant testified he did not remember ever meeting L.M. much less fondling her.
Defendant alleges the trial court committed reversible error by failing to conduct a hearing pursuant to section 115 — 10 of the Code in regard to M.C.’s statement that E.C. said defendant “took her into his house and actually did sex to her.” Section 115 — 10 of the Code provides:
“(a) In a prosecution for a sexual act perpetrated upon a child under the age of 13, *** the following evidence shall be admitted as an exception to the hearsay rule:
(2) testimony of an out of court statement made by such child describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual act perpetrated upon a child.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
(2) The child either:
(A) Testifies at the proceeding; or
(B) Is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.” (Ill. Rev. Stat. 1989, ch. 38, pars. 115—10(a)(2), (a)(b).)
The legislature enacted section 115 — 10 to expand the previous hearsay exception, to allow into evidence out-of-court statements of children who are victims of sexual abuse. (85th Ill. Gen. Assem., Senate Proceedings, June 26, 1987, at 227; People v. Rushing (1989),
We find defendant has waived the issue of the trial court’s failure to conduct a section 115—10 hearing before M.C. testified. (People v. Enoch (1988),
On the merits we find the trial court erred in failing to conduct a section 115 — 10 hearing before M.C. testified, but that such error was harmless. When error is shown to exist, a reviewing court must reverse unless it is clearly shown that the error was not prejudicial to defendant. (People v. Lawler (1991),
Defendant’s next contention is that the State failed to prove beyond a reasonable doubt that the criminal activity alleged in counts IV and V occurred within McLean County. The State argues defendant waived this issue under section 1 — 6(a) of the Criminal Code of 1961 (Criminal Code), which states that “[a]ll objections of improper place of trial are waived by a defendant unless made before trial.” (Ill. Rev. Stat. 1989, ch. 38, par. 1—6(a).) Defendant would have waived this issue if he were alleging a defective indictment rather than a failure of proof. It is true that an objection to improper place of trial is waived unless defendant objects before trial. However, the fact that the State has failed to prove the location of the offense need not and cannot be objected to before trial. (People v. McClain (1978),
Nonetheless, we find the evidence in the record is sufficient to prove counts IV and V occurred within McLean County. Venue is proper in any county where any element of the offense was committed. (People v. Lambert (1990),
Count IV states that defendant committed an act of aggravated criminal sexual abuse involving the hands of defendant and the vagina of E.C.; count V states that defendant committed an act of aggravated criminal sexual assault involving the vagina of E.C. and the finger of defendant. These incidents were alleged to have occurred during the summer of 1990 when E.C. accompanied defendant on a trip to Furrows and a country drive afterward. E.C. testified at trial that defendant touched her “[rjight between my legs” in the summer of 1990 but she could not remember any other details. Jordan testified at trial that the country area surrounding Furrows is in McLean County but he could not swear the incidents E.C. testified to happened within the borders of McLean County. However, in People’s exhibit No. 1, E.C. stated the following about the Furrows incident:
“He put his finger inside and made it go up and down or from side to side. He did that until we got to town and started seeing traffic. He made me straighten out my clothes so they wouldn’t be crooked. *** When we got home he gave me two or three dollars and I went inside my house.”
Defendant argues that E.C.’s comment about “coming into town” does not necessarily mean Bloomington. However, given the fact that Bloomington is E.C.’s hometown, this is the only logical conclusion to be drawn in the context of her statement. E.C. did not mention driving to any other cities that day with defendant and the jury could logically conclude her statement about “coming into town” meant Bloomington.
Apart from this evidence, we find section 1 — 6(f) of the Criminal Code is applicable to the instant case:
“If an offense is committed upon any railroad car, vehicle, watercraft or aircraft passing within this State, and it cannot readily be determined in which county the offense was committed, the offender may be tried in any county through which such railroad car, vehicle, watercraft or aircraft has passed.” (Ill. Rev. Stat. 1991, ch. 38, par. 1—6(f).)
The offenses charged in counts IY and V of this case took place in defendant’s van while the van was traveling within the State. Applying section 1 — 6(f) of the Criminal Code, venue would still be proper in McLean County even if defendant drove out of McLean County temporarily since defendant’s vehicle had to have passed through McLean County to return E.C. to her home in Bloomington. See also Ramsey,
Defendant next contends he was denied a fair trial where the trial court failed by its own motion to instruct the jury that venue must be proved beyond a reasonable doubt. (See Illinois Pattern Jury Instructions, Criminal, No. 2.07 (3d ed. 1992).) The burden of preparing criminal jury instructions is primarily on the parties, not the trial court. The trial court has no obligation to give instructions not requested by counsel and no party may raise on appeal the failure to give any instruction unless he tendered it to the court. (People v. Fetter (1992),
On the merits we find the trial court’s failure to sua sponte give the venue instruction was not reversible error. The jury must be instructed that the State is required to prove beyond a reasonable doubt that each element of the charged offense occurred in the county in which the crime was alleged to have been committed if the evidence raises a question of the propriety of venue. (People v. Chaney (1987),
'“But even if it did happen, ladies and gentlemen, you still can’t find him guilty of these particular counts, these last two counts, because the incident didn’t happen in McLean County. *** It’s a matter of venue. *** So even if you think something happened between James Glass and [E.C.], unless you are convinced beyond a reasonable doubt that it happened in McLean County, and certainly none of the evidence that I heard substantiates that, you cannot and should not find James Glass guilty of these offenses on these two counts.”
Generally, in determining the effect of faulty jury instructions on the validity of a defendant’s conviction, the instructions should not be judged by themselves but must be considered in light of the record as a whole, including the evidence and arguments presented to the jury. (Shields,
Defendant’s next contention is that he was not proved guilty beyond a reasonable doubt because E.C.’s testimony was inconsistent, improbable, and contrary to the testimony of other defense witnesses. The reasonable doubt test articulated in People v. Collins (1985),
Defendant argues that E.C.’s testimony at trial about the incident in his bedroom directly contradicts the allegations in count I and her statement in People’s exhibit No. 1 that defendant had her perform fellatio on him to the point of ejaculation. At trial, E.C. said she could not remember defendant doing anything with his penis besides rubbing her vagina and she did not think she had anything in her mouth. As in many sex offense cases, the outcome of this case rested upon the credibility of the victim and the defendant. The jury had the opportunity to view the proceedings and was charged with the responsibility of weighing the credibility of witnesses and resolving any conflicts and inconsistencies in their testimonies. (Carney,
In addition, the evidence as a whole sufficiently described defendant’s conduct during the commission of the offenses. The failure of a victim to testify at trial to specific details regarding a defendant’s sexual acts upon her is not conclusive since section 115 — 10 of the Code does not require every detail recited in a previous statement be corroborated by the child’s testimony at trial. (Ill. Rev. Stat. 1989, ch. 38, par. 115—10; Rushing,
Defendant argues that E.C.’s testimony as to his “touching” did not meet the statutory definition of “penetration.” Section 12— 12(f) of the Criminal Code defines penetration in pertinent part as follows:
“(f) ‘Sexual penetration’ means any contact, however slight, between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration.” (Ill. Rev. Stat. 1991, ch. 38, par. 12—12(f).)
In People’s exhibit No. 1, E.C. described the incident which occurred after she and defendant had gone to Furrows and were driving in the country: “He [defendant] got his hand inside my underwear and started rubbing my private parts. Some people call it [a] potty. He put his finger inside and made it go up and down or from side to side.” (Emphasis added.) E.C. also described in detail how defendant had her perform fellatio on him and how he performed cunnilingus on her. The issue whether sexual penetration occurred is a question of fact for the jury (People v. Harris (1989),
We also reject defendant’s contention that the absence of medical testimony or evidence to corroborate the victim’s claim of sexual assault raises a reasonable doubt as to his guilt. A sex offense victim’s testimony, as with any other crime victim, need not be substantially corroborated for a defendant to be found guilty beyond a reasonable doubt. People v. Schott (1991),
Defendant next alleges that the court should overrule its holding in People v. Ewald (1991),
“(a) *** The court shall not impose consecutive sentences for offenses which were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective, unless, one of the offenses for which defendant was convicted was a Class X or Class 1 felony and the defendant inflicted severe bodily injury, or where the defendant was convicted of a violation of Section 12 — 13 or 12— H of the Criminal Code of 1961, in which event the court shall enter sentences to run consecutively.” (Emphasis added.) (Ill. Rev. Stat. 1989, ch. 38, par. 1005—8—4(a).)
Count I and count II were alleged to have occurred on December 23, 1990, and count V was alleged to have occurred between May and September of 1990. Defendant contends the December 23 actions are not within the scope of section 5 — 8—4(a) of the Unified Code since that section only authorizes mandatory consecutive sentences where the sexual assaults were part of a single course of conduct.
Ewald, a fourth district case, held that section 5 — 8—4(a) of the' Unified Code mandates consecutive sentences where multiple offenses include violations of sections 12 — 13 or 12 — 14 of the Criminal Code (Ill. Rev. Stat. 1989, ch. 38, pars. 12—13, 12—14), even if the offenses arose from distinctly separate courses of conduct. (Ewald,
Bole, a second district case, held that, by its plain meaning, the mandatory consecutive sentencing provision in section 5 — 8—4(a) of the Unified Code was intended to apply only to situations where the relevant offenses occurred during a single course of conduct. (Bole,
Where the language of a statute is ambiguous and admits of alternate constructions, a reviewing court should select the construction which leads to a logical result and reject those which would lead to an absurdity, inconvenience, or injustice. (Hough,
We further reject defendant’s contention that his sentences were an abuse of discretion. A trial court’s sentencing decision is entitled to great deference. (People v. Perruquet (1977),
The trial court carefully considered the defendant’s presentence report in its sentencing decision, particularly noting defendant’s prior criminal record, which included convictions for auto theft, contributing to the delinquency of a child, thefts, motor vehicle offenses, and a 1989 aggravated criminal sexual assault. The record indicates that defendant’s aggravated criminal sexual assault of E.C. in December 1990 occurred while defendant was out on bond awaiting sentencing in the 1989 aggravated criminal sexual assault case. In addition, the testimony of L.M. presented at the sentencing hearing indicates defendant had sexually molested young victims approximately 20 years ago. The presentence report also contained statements from E.C.’s parents regarding the psychological damage inflicted on E.C. and her family. We find the trial court properly considered all the relevant factors necessary in sentencing defendant. In light of defendant’s prior offenses, the trial court could reasonably conclude consecutive 25-year sentences were necessary as a deterrent and as a protective measure for society.
For the foregoing reasons, we affirm defendant’s convictions and sentences for aggravated criminal sexual assault and aggravated criminal sexual abuse.
Affirmed.