Supreme Court Summaries
Opinions filed November 29, 2012
People v. Giraud, 2012 IL 113116
Appellate citation: 2011 IL App (1st) 091261.
JUSTICE GARMAN delivered the judgment of the court, with opinion.
Chief Justice Kilbride and Justices Freeman, Thomas, Karmeier, Burke, and Theis concurred in the judgment and opinion.
A Cook County jury convicted this Chicago defendant of committing multiple sex offenses concerning his 14-year-old daughter in 2007 and 2008. The convictions were for two counts of criminal sexual assault, one count of criminal transmission of HIV, and one count of aggravated criminal sexual assault. The last is at issue in this appeal.
Defendant had HIV, knew it, and took medication for it. He did not always wear a condom, but the victim did not contract the disease. The appellate court reduced the conviction for aggravated criminal sexual assault to criminal sexual assault and the supreme court, in this decision, affirmed. Section 12-14(a)(3) of the Criminal Code of 1961 provides for aggravation of a criminal sexual assault if the offender “during the commission of the offense *** acted in such a manner as to threaten or endanger the life of the victim.” The supreme court held here that, as a matter of law, mere exposure of the victim to HIV during the commission of the offense did not threaten or endanger her life. Therefore, the conviction was properly reduced.
There is a separate statute on criminal transmission of HIV, and it is applicable even if the victim does not become infected. The defendant was charged, convicted and sentenced under this statute, and this is not at issue here. However, on remand, the sentence for criminal transmission of HIV should be consecutive to the others.