A confession alone in not sufficient to prove the element of penetration for Predatory Criminal Sexual Assault. Thus, our Appellate Court, by JUSTICE NEVILLE reduces Jason Lara’s conviction from the Class X offense of Predatory Criminal Sexual Assault to the Class 2 felony of Aggravated Criminal Sexual Abuse, a lesser included offense.
It seems that Jason admitted in a written statement that he placed his finger into the victim’s vagina on two occasions. However, that was the only proof of penetration as the victim claimed that Jason had only placed his hand on her vagina. Citing cases from 1856 and 1904, the Court noted that the corroboration rule has changed very little since that time. You can read this case, People v Jason Lara, 1-09-1326, First District., Third Division, 3/31/11, that contains, among other things, an interesting discussion of the problems with confessions.
Reversed by Illinois Supreme Court: http://www.state.il.us/court/Opinions/SupremeCourt/2012/112370.pdf
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