## Facts

- Joel Warren approached a woman on a trail overlooking a city reservoir and began talking with her.
- Warren walked back with the woman to her bicycle.
- Warren was about 6′3″ and 185 pounds; the woman was about 5′2″ and 100 pounds.
- As the woman got on her bicycle to leave, Warren placed his hand on her shoulder.
- The woman told Warren no and said she had to go.
- Warren responded, “this will only take a minute,” and said his girlfriend did not meet his needs.
- Warren also told the woman that he did not want to hurt her.
- Warren picked the woman up and carried her into a wooded area near the trail.
- In the wooded area, Warren told the woman to take her pants off, and she complied.
- Warren pulled up the woman’s tank top and kissed her breasts and her vaginal area.
- Warren then sat up and unzipped his pants; the woman performed fellatio on him.
- The woman then got dressed.
- Warren carried the woman back to her bicycle, and she left.
- The woman went to the police, and Warren was arrested and charged with deviate sexual assault.
- After a bench trial, Warren was convicted, and he appealed.

## Issues

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Warren committed deviate sexual assault by force or threat of force, rather than by the woman’s consent.

## Decision

- The Illinois Appellate Court affirmed the conviction.
- The court held that the trier of fact could find force or threat of force from the circumstances, including Warren’s physical domination, his act of carrying the woman into a secluded wooded area, and his statement that he did not want to hurt her.
- The court rejected the argument that the woman’s compliance, without more, required a finding of consent.
- The court deferred to the trial court’s assessment of witness credibility and concluded the evidence was not so unsatisfactory as to leave a reasonable doubt.

## Legal Principles

- Force or threat of force may be shown by conduct and words that would cause a reasonable person to submit out of fear, even if the assailant does not use overt violence or display a weapon.
- Removing a complainant to an isolated location and exercising physical control (such as picking the complainant up and carrying her) can support a finding of coercion.
- A large disparity in size and strength is relevant to whether submission was compelled.
- A complainant’s failure to fight back or attempt escape does not, by itself, establish consent; submission may reflect fear.
- On review of a criminal conviction after a bench trial, the appellate court does not reweigh credibility and will affirm if the evidence supports the finding of guilt beyond a reasonable doubt.

## Conclusion

The appellate court affirmed Warren’s deviate sexual assault conviction because the trial judge could reasonably find that the woman’s submission resulted from force or threat of force, based on Warren’s physical dominance, carrying her into a wooded area, and his statement implying harm, even though she complied with his directions and did not physically resist extensively.


People v. Warren, 113 Ill. App. 3d 1 (1983)