Drew Clinton, 18, faced four years in prison under Illinois sentencing guidelines. But the judge, Robert Adrian, overturned his conviction this month, saying the sentence was “not just.”,
Drew Clinton, 18, faced four years in prison under Illinois sentencing guidelines. But the judge, Robert Adrian, overturned his conviction this month, saying the sentence was “not just.”
Last October, a judge in western Illinois convicted an 18-year-old man of sexually assaulting a 16-year-old girl while she was unconscious at a graduation party.
The man, Drew Clinton, faced a mandatory minimum sentence of four years in prison, but at a hearing earlier this month, Judge Robert Adrian reversed his own decision and threw out the conviction. The nearly five months Mr. Clinton had served in jail, the judge said, was “plenty of punishment.”
The decision, which was reported by the Herald-Whig of Quincy, Ill., has dismayed organizations that help survivors of sexual assault, the Adams County state’s attorney’s office and the girl who reported the assault, who told a local television station that she was present when Judge Adrian overturned Mr. Clinton’s conviction.
“He made me seem like I fought for nothing and that I put my word out there for no reason,” she told WGEM-TV. “I immediately had to leave the courtroom and go to the bathroom. I was crying.”
In a statement, Gary L. Farha, the Adams County state’s attorney, said the girl had endured “a trauma beyond what should be required of anyone and a system that traumatized her and victimized her again.”
“She did nothing 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 criminal sexual assault on June 1, 2021. The girl reported that he sexually assaulted her after she became intoxicated at a party on May 30, according to court records.
During the bench trial, she testified that she was unconscious and woke up to find a pillow covering her face and Mr. Clinton assaulting her.
“She at no time gave consent,” Anita M. Rodriguez, the assistant state’s attorney who prosecuted the case, said during Mr. Clinton’s sentencing hearing on Jan. 3, according to a transcript. “In fact, earlier in the evening, she had specifically indicated that she did not want any sexual contact with this defendant.”
Mr. Schnack argued that mandatory sentences take away a judge’s discretion.
“Every individual should be judged by the court in doing its sentence and not by a legislator years and hundreds of miles removed,” he said, according to the transcript.
He also said that prosecutors had not proved their case against Mr. Clinton and that the girl was able to consent. Mr. Schnack said that she made many decisions that night, including drinking and stripping down to her underwear to go swimming.
“They weren’t the best decisions,” he said. “She did know what was going on.”
Judge Adrian said he knew that, by law, Mr. Clinton was supposed to serve time in prison, but in this case, the sentence was unfair, partly because Mr. Clinton turned 18 just two weeks before the party and, until his arrest, had no criminal record.
“That is not just,” Judge Adrian said during the Jan. 3 hearing, according to the transcript. “There is no way for what happened in this case that this teenager should go to the Department of Corrections. I will not do that.”
He said that if he ruled that the sentence was unconstitutional, his decision would be reversed on appeal. Instead, he said, what he could do was “find that the people failed to prove their case.”
Judge Adrian chastised the parents and other adults who he said provided liquor to the teenagers at the party and failed “to exercise their parental responsibilities.”
This is what happens, he said, “when we have people, adults, having parties for teenagers, and they allow coeds and female people to swim in their underwear in their swimming pool.”
“And, no,” the judge added, “underwear is not the same as swimming suits.”
Carrie Ward, the chief executive of the Illinois Coalition Against Sexual Assault, said the judge’s comments and his decision to throw out Mr. Clinton’s conviction were “a clean and clear example of victim blaming.”
By highlighting the girl’s clothing and chastising the hosts of the party, the judge shifted “100 percent of the blame from the perpetrator, from the actual person who committed the sexual assault, to everyone else, including the victim,” Ms. Ward said.
She said she was worried that other victims of sexual assault would now be even more hesitant to report an attack. “One of the most significant reasons victims do not come forward is the feeling that they might be blamed for their own behavior,” she said.
In her interview with WGEM, the girl said she hoped that what had happened in her case would not dissuade others from coming forward to report sexual assault.
“They need to come out with what happens to them, she said, “and not just let the guy get away.”