Judicial History
• The petitioner, Jason Lara, was charged and convicted by a jury on two counts of predatory criminal sexual assault of a child (PCSA). Upon conviction Lara was sentenced to consecutive imprisonment of 10 years and 8 years.
The Facts
• J.O. and C.A. were children of Augustina P.
• Augustina worked evenings in which caused her to need a babysitter
• Shelly Lara would watch J.O. and C.A.
• Jason Lara was the son of Shelly Lara, who stayed with her
• On February 11, 2005, Jason told Cordero that once, when Phillip A. came to visit, Jason heard sounds of licking and sucking coming from a room where Phillip A. and J.O. were alone together.
• On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina
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about the matter.
• J.O. indicated that it was in fact Jason that touched her in a sexual way rather than Phillip
• The mother then called the local police department
• Afterwards Jason Lara was arrested and admitted to the sexual assault
• Carey Kato, a forensic interviewer working for the Children’s Advocacy Center, questioned J.O. later that day. J.O. said that on two occurrences Jason had touched her “private part.” She pointed to her vagina and stated that on both occasions Jason Lara touched her inappropriately.
• J.O. stated both times Lara placed his hands on or rested his hand on her private parts.
• Kato specifically asked whether Jason put his hand inside her, and J.O. said it was outside her vagina on both occasions.
• Jason Lara eventually signed a statement about the occasion at hand, admitting on two separate occasions, he put his hand in J.O.’s pants and touched her vagina.
• Lara also indicated that on both occasions he put his finger into her vagina as far as his
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Gutierrez, 2012 IL 111590
• 408 Ill. App. 3d at 741.
Rules
The appellate court of Illinois ruled the confession did not provide corpus delicti and the prosecutor did not provide any other evidence to support the more severe charge of PCSA. The victim’s statements did not corroborate what the defendant stated in his written confession. Therefore, corpus delicti was not provided in the case therefore the defendant’s charge of PCSA was lowered to ASCA.
Holding & Analysis
“The State need not present independent evidence corroborating every element of the charged offense before a defendant’s statement may be used to prove the corpus delicti; and a predatory-criminal-sexual-assault defendant’s confession to penetration was properly admitted even though the victim had stated only that he touched her private