People v. Santos

Defendant, James K. Santos, appeals his conviction of the offense of aggravated criminal sexual abuse in that he, over 17 years of age, penetrated the vagina of the victim, T.K., at least age 13 but less than 17 years old, with his penis, and he was at least 5 years older than the victim. 720 ILCS 5/12 — 16(c) (West 1998). We reverse and remand.

The charges against defendant arise from an incident that occurred during the early morning hours of May 9, 1999. At this time, defendant is alleged to have penetrated the vagina of T.K., who was between the ages of 13 and 17, while he was over 17…