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No. 2--02--0400

JUSTICE GROMETER delivered the opinion of the court:

Following a jury trial in the circuit court of Boone County,defendant Robert J. Hodor was convicted of one count of criminalsexual assault (720 ILCS 5/12--13(a)(3) (West 2000)). The trialcourt sentenced defendant to four years' imprisonment. On appeal,defendant argues that the trial court committed several evidentiaryerrors that deprived him of a fair trial. Defendant also complainsthat defense counsel's failure to object to these alleged errorsresulted in ineffective assistance of counsel. We reverse andremand the cause for a new trial.

I. BACKGROUND

On or about August 8, 2000, defendant was charged by criminalcomplaint with one count of criminal sexual assault (720 ILCS 5/12--13(a)(3) (West 2000)). The State later charged defendant byinformation. As amended, the information alleged that, on or aboutthe last week of January or the first week of February 2000,defendant placed his tongue in the sex organ of his stepdaughter,Marilyn S. Prior to trial, defendant filed a motion in limineseeking to bar the State from presenting testimony from"counselors." The motion stated "[a]ny testimony from counselorswould be hearsay and cumulative as to what the minor may testifyto." At the hearing on his motion, defendant argued that anystatements Marilyn made to the counselors during psychologicalexaminations were inadmissible. The State agreed that Marilyn'sremarks to her counselors during these sessions would beinadmissible, and the trial court granted defendant's motion.

The State's first witness was Marilyn S. Marilyn testifiedthat during the last week of January and the first week of February2000, she was 17 years old and a senior at Belvidere High School. At that time, she resided on Poacher Circle in Belvidere with hermother, her stepfather (defendant), her stepbrother, herstepsister, and Melissa S., her sister.

Marilyn recounted the events of the day of the allegedoffense. Marilyn stated that she left the family residence atabout 7 a.m. to go to school. After school, she attended trackpractice before returning home between 5:30 and 6 p.m. When shearrived home, only her sister, her stepbrother, her stepsister, anddefendant were present. Marilyn had a snack, played with the dogs,and spoke with her sister and stepsister. She then went to herroom to do homework. At about 8 p.m., Marilyn dined with hersiblings. After dinner, Marilyn went upstairs, where she bathed,prepared her clothes for the following day, set her alarm clock,and dried her hair. At about 10 p.m., Marilyn dressed in anightgown and went downstairs to say goodnight.

Marilyn encountered defendant in the kitchen where he wasmixing something in a blender. Defendant told Marilyn he waspreparing a White Russian. At defendant's request, Marilyn took asip of the drink. Marilyn then escorted the dogs to the basementwhere they slept. As Marilyn was heading to bed, defendant calledher into his bedroom. Marilyn entered the room. A radio was tunedto a popular station, and there were lit candles on the bed'sheadboard. Defendant had prepared two drinks. On three or fouroccasions, defendant suggested that Marilyn have a drink "to loosenup." Eventually, Marilyn began drinking. Marilyn identified thedrink as a White Russian and testified that she became light-headedand queasy as she drank the beverage.

Initially, defendant and Marilyn talked about school, track,and her boyfriend. Defendant told Marilyn that he would talk toher mother about extending her curfew. Approximately 45 minutesinto the conversation, defendant asked Marilyn how well she gaveback rubs. Marilyn responded "okay, I guess." Defendant then tookhis shirt off and lay face down on the bed. Marilyn beganmassaging his back and shoulders. At some point, defendant toldMarilyn to take off her clothes. She initially refused. However,defendant insisted, and Marilyn eventually complied. Shortlylater, defendant told Marilyn that he was going to show her how togive a good back rub. Marilyn lay face down on the bed, anddefendant began to massage her back. At defendant's request,Marilyn changed to a supine position. Defendant then rubbed lotionon Marilyn's shoulders, breasts, stomach, legs, and around hervagina. At one point, defendant placed his tongue in Marilyn'svagina and licked it inside and out. Marilyn told defendant tostop, and he did. Defendant then pulled down his shorts and placedMarilyn's hand on his penis. Marilyn asked defendant to leave heralone, and he told her she could go to bed. Marilyn dressed andran to the bathroom, where she vomited. While Marilyn was in thebathroom, defendant entered with her underwear, which she had leftin his bedroom. Marilyn then changed her pajamas and went to bed.

Approximately four months later, Marilyn and her sister,Melissa S., were discussing the fact that their mother was going todivorce defendant. At that time, Marilyn related part of whattranspired between her and defendant months earlier. Later thatsame day, Marilyn's mother came to the store where Marilyn workedand had her recount the incident for the police.

Marilyn testified that the incident affected her schoolperformance. Prior to the incident, she had perfect attendance atschool. However, during the spring 2000 semester, she missed 12