The attorney for former St. Charles North High School dean’s assistant Christopher Lee suggests an “absurd and unconstitutional” Illinois law prevents his client from the ability to claim a mistake-of-age defense to charges he had sex with a student.
Lee, 30, was arrested and charged in May with criminal sexual assault and aggravated criminal sexual abuse involving a 17-year-old female student at the school.
Court documents describe police interviews with the teen and Lee that revealed, among other things, that the pair exchanged racy text messages with Lee listed in her phone under a different name; they kissed in a school stairwell outside the view of surveillance cameras; and, according to Lee, they had sex at his apartment in St. Charles, police said. Lee acknowledged during the interview knowing that the student was 17 years old, according to information outlined in a search warrant affidavit.
Lee remains free on $50,000 bail. He has pleaded not guilty.
A motion filed by Lee’s attorney, Michael Bercos, seeks to allow Lee to assert a mistake-of-age defense, which includes a “reasonable mistake” based on “false or fraudulent representation of age by an alleged victim.”
Bercos contends the case stems from “consensual sex” with the student who, at 17, was at the legal age of consent in Illinois. However, Lee is not able to assert mistake-of-age based on Illinois law because he is accused of committing the offenses while in a position of trust, supervision or authority — something commonly referenced in such charges against teachers or school employees — which then raises the age of consent to 18.
“The Illinois statutory scheme is absurd and unconstitutional on equal protection grounds,” Bercos wrote. “Discrepancy in the law and the irrational distinction in the right granted to certain defendants to plead the mistake of age defense, but remarkably denied to … Lee, is a shocking and disturbing denial of equal protection.”
Prosecutors countered in a response that Bercos’ argument is overly focused on the age issue while “ignoring” Lee’s role involving students at the school.
“There is no equal protection violation in this case as the Legislature has a compelling and rational interest to protect those minors under the age of 18 years from sexual interactions with those persons that are in a position of supervision, trust or authority, such as teachers, priests, caregivers and, specifically in this case, a student and a dean’s assistant at the victim’s school,” Assistant Kane County State’s Attorney Deb Bree wrote in the response.
A Jan. 21 hearing has been scheduled for arguments on the motion.
Dan Campana is a freelance writer for The Beacon-News