The People of the State of Illinois v. Adam W. Vaira

Mount Carmel, Illinois criminal defense lawyer represented the Defendant charged with two counts of predatory criminal sexual assault of a child and four counts of aggravated criminal sexual abuse.



On May 3, 2021, the State charged defendant by six count information, in Wabash County (21-CF-35), with two counts of predatory criminal sexual assault of a child (counts I and V), Class X felonies (id. § 12-14.1(a)(1)), and four counts of aggravated criminal sexual abuse (counts II, III, IV, and VI), Class 2 felonies (id. § 12-16(b)).[1]



Count I alleged that between May 1, 2000, and December 10, 2002, defendant committed the offense of predatory criminal sexual assault of a child in that defendant committed an act of sexual penetration by the insertion of his finger into the vagina of C.D. Count II alleged that between May 1, 2000, and December 11, 2003, defendant committed the offense of aggravated criminal sexual abuse, in that defendant committed an act of sexual conduct by forcing the hand of C.D. to fondle the penis of the defendant at a time when C.D. was both under the age of 18 years and a family member of the defendant. Count III alleged that between the dates of May 1, 2000, and December 11, 2003 defendant committed the offense of aggravated criminal sexual abuse in that defendant committed an act of sexual conduct by rubbing his penis on the vagina C.D. at a time when C.D. was both under the age of 18 and a family member of the defendant. Count IV alleged that between the dates of May 1, 2000, and December 11, 2003, defendant committed the offense of aggravated criminal sexual abuse in that defendant committed an act of sexual conduct by rubbing his penis on the face of C.D. at a time when C.D. was under the age of 18 and a family member of defendant.



Count V alleged that between the dates of May 1, 2000, and August 2, 2006, defendant committed the offense of predatory criminal sexual assault of a child, in that defendant committed an act of sexual penetration by the insertion of his finger into the vagina of F.D. at a time when F.D. was under the age of 13 years and the defendant was 17 years of age or older. Count VI alleged that between May 1, 2000, and January 2, 2007, defendant committed the offense of aggravated criminal sexual abuse in that defendant committed an act of sexual conduct by rubbing his penis on the face of F.D. a time when F.D. was under the age of 18 and a family member of the defendant.



Following two days of jury selection, on August 3, 2022, the matter proceeded to trial. Following opening statements, the State called C.D. as its first witness. At the time of trial, C.D. was 32 years old. C.D. was born on December 11, 1989. C.D. testified that defendant was married to her mother for 11 years. The two married when C.D. was approximately seven years old. C.D. was approximately 17 years old when her mother and defendant divorced. During the marriage, C.D. lived with her mother and defendant. Her sister, F.D., and two other half-brothers also resided in the home. C.D.'s half-brother Tyler was defendant's son from a prior relationship. C.D.'s halfbrother Miles was born to her mother and defendant during their marriage.



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A person commits the offense of predatory criminal sexual assault of a child when he

[(intentionally) (knowingly) (recklessly)] commits an act of sexual penetration when he is 17

years of age or older and the victim is under 13 years of age when the act is committed

Affirmed