Judge Tosses Teen’s Sexual Assault Conviction, Drawing Outrage

Last October, a justice successful occidental Illinois convicted an 18-year-old antheral of sexually assaulting a 16-year-old miss portion she was unconscious astatine a graduation party.

The man, Drew Clinton, faced a mandatory minimum sentence of 4 years successful prison, but astatine a proceeding earlier this month, Judge Robert Adrian reversed his ain determination and threw retired the conviction. The astir 5 months Mr. Clinton had served successful jail, the justice said, was “plenty of punishment.”

The decision, which was reported by the Herald-Whig of Quincy, Ill., has dismayed organizations that assistance survivors of intersexual assault, the Adams County state’s attorney’s bureau and the miss who reported the assault, who told a section tv presumption that she was contiguous erstwhile Judge Adrian overturned Mr. Clinton’s conviction.

“He made maine look similar I fought for thing and that I enactment my connection retired determination for nary reason,” she told WGEM-TV. “I instantly had to permission the courtroom and spell to the bathroom. I was crying.”

In a statement, Gary L. Farha, the Adams County state’s attorney, said the miss had endured “a trauma beyond what should beryllium required of anyone and a strategy that traumatized her and victimized her again.”

“She did thing to warrant this attack,” Mr. Farha said. “She is deserving of our support. She is worthy of our respect.”

Andrew C. Schnack III, a lawyer for Mr. Clinton, did not respond to messages seeking comment.

Mr. Clinton was charged with transgression intersexual battle connected June 1, 2021. The miss reported that helium sexually assaulted her aft she became intoxicated astatine a enactment connected May 30, according to tribunal records.

During the seat trial, she testified that she was unconscious and woke up to find a pillow covering her look and Mr. Clinton assaulting her.

“She astatine nary clip gave consent,” Anita M. Rodriguez, the adjunct state’s lawyer who prosecuted the case, said during Mr. Clinton’s sentencing proceeding connected Jan. 3, according to a transcript. “In fact, earlier successful the evening, she had specifically indicated that she did not privation immoderate intersexual interaction with this defendant.”

Mr. Schnack argued that mandatory sentences instrumentality distant a judge’s discretion.

“Every idiosyncratic should beryllium judged by the tribunal successful doing its condemnation and not by a legislator years and hundreds of miles removed,” helium said, according to the transcript.

He besides said that prosecutors had not proved their lawsuit against Mr. Clinton and that the miss was capable to consent. Mr. Schnack said that she made galore decisions that night, including drinking and stripping down to her underwear to spell swimming.

“They weren’t the champion decisions,” helium said. “She did cognize what was going on.”

Judge Adrian said helium knew that, by law, Mr. Clinton was expected to service clip successful prison, but successful this case, the condemnation was unfair, partially due to the fact that Mr. Clinton turned 18 conscionable 2 weeks earlier the enactment and, until his arrest, had nary transgression record.

“That is not just,” Judge Adrian said during the Jan. 3 hearing, according to the transcript. “There is nary mode for what happened successful this lawsuit that this teen should spell to the Department of Corrections. I volition not bash that.”

He said that if helium ruled that the condemnation was unconstitutional, his determination would beryllium reversed connected appeal. Instead, helium said, what helium could bash was “find that the radical failed to beryllium their case.”

Judge Adrian chastised the parents and different adults who helium said provided liquor to the teenagers astatine the enactment and failed “to workout their parental responsibilities.”

This is what happens, helium said, “when we person people, adults, having parties for teenagers, and they let coeds and pistillate radical to aquatics successful their underwear successful their swimming pool.”

“And, no,” the justice added, “underwear is not the aforesaid arsenic swimming suits.”

Carrie Ward, the main enforcement of the Illinois Coalition Against Sexual Assault, said the judge’s comments and his determination to propulsion retired Mr. Clinton’s condemnation were “a cleanable and wide illustration of unfortunate blaming.”

By highlighting the girl’s covering and chastising the hosts of the party, the justice shifted “100 percent of the blasted from the perpetrator, from the existent idiosyncratic who committed the intersexual assault, to everyone else, including the victim,” Ms. Ward said.

She said she was disquieted that different victims of intersexual battle would present beryllium adjacent much hesitant to study an attack. “One of the astir important reasons victims bash not travel guardant is the feeling that they mightiness beryllium blamed for their ain behavior,” she said.

In her interrogation with WGEM, the miss said she hoped that what had happened successful her lawsuit would not dissuade others from coming guardant to study intersexual assault.

“They request to travel retired with what happens to them, she said, “and not conscionable fto the feline get away.”