Last week I had a trial for a Domestic Battery at the Bridgeview Courthouse in Cook County. My client had no criminal record whatsoever. He had been charged with committing a Domestic Battery on an ex-girlfriend (victim) during a consensual sexual encounter. The facts of the case were very strange. At no time did I think that my client was guilty of the Domestic Battery. As a matter of fact, I tried to alert the prosecutor to the weakness of their case and tried to get them to drop the case rather than force their witness to take the stand and be exposed to a potentially damaging cross examination. Let me tell you about the facts of the case and how easy it is to get caught up in something that you had no idea could possibly become a criminal matter.
Last year, my client met the victim on Tinder. Tinder is a social media site that people frequently use to “hook up”. My client dated the victim for about 2 months. They both agreed to end the relationship but continued seeing each other, on and off, to have sex for several months after they broke up. The day of the alleged crime, the victim contacted my client to set up another consensual sexual encounter. My client, and the victim, agreed that the victim would come over to my client’s condo after work. When my client came home from work, he left the door to his condo unlocked and went to the bathroom. The victim arrived and walked into the condo. After a short while, the victim and my client sat on the couch to watch TV. They started kissing and then had sex on the couch for a few minutes. The victim terminated the sex and proceeded to cuddle with my client for several minutes. The victim decided to go home, so she got up from the couch and grabbed her clothes. As the victim was gathering her clothes, my client grabbed her from behind so that he could take her into the bedroom because he wanted to continue with the sex. The victim struggled to get loose from my client and told him that she wanted to go home. She laughed at him and made a humorous comment. She tried to gather her clothes again and my client grabbed her once more from behind and a short struggle ensued. Once again, the victim told my client that she didn’t want to have any more sex with him and wanted to go home. At that point, my client complied and went back to the couch. The victim gathered her clothes and went into the bathroom. She testified that she locked the door to the bathroom and put her clothes on. She also testified that while she was in the bathroom my client was not banging on the door nor was he yelling at her. Yet, she testified that she feared him and was frantic to get dressed so she could go home. She testified that after she exited the bathroom she went back to the living room, where the couch was, and saw my client laying on the couch. She asked him if he wanted his clothes and my client said that he did not want to get dressed. The complaining witness went into the kitchen and retrieved a beverage that she had brought with her to the condo and exited the condo. She testified that she ran down the stairs and quickly entered her car.
The victim testified that when she entered her vehicle she immediately placed a call to her Therapist. She could not get a hold of her Therapist so she left a voicemail. At some point, before she got home, she testified that she spoke to her Therapist on the telephone. She then drove home and spoke to her mother. She also spoke to her neighbor, a former police officer. She testified that she told both of them what happened. After she finished speaking to everyone she decided to go to the police and report that she had been the victim of a Domestic Battery. The complaining witness gave the reporting officer a detailed description of the events that happened at my client’s condominium that night.