¶1dissenting:
¶2I respectfully dissent.
¶3It is well settled that a victim need not resist when to do so would be futile or life endangering, or where she is overcome by superior strength or paralyzed by fear. (People v. Clarke (1971), 50 Ill. 2d 104, 109, 277 N.E.2d 866.) Such was the case here. The victim testified that she did not scream because there was no one in the vicinity to hear her screams. She considered escaping but decided that an attempt would be futile because she could not outrun the defendant in the woods. She testified that she resisted when he carried her into the woods, although she did not strike or otherwise physically assault him because of the likelihood that such behavior would anger him. She was overpowered by him physically (compare 5 ft. 2 in., 100 lbs., to 6 ft. 3 in., 185 lbs.) and felt extremely vulnerable in such an isolated area where no one was around to help her. Under these circumstances, where violent resistance might only have provoked the defendant, her acquiescence was reasonable and did not constitute consent. People v. Schmitt (1981), 99 Ill. App. 3d 184, 188, 424 N.E.2d 1267.
¶4In addition, the victim made an immediate complaint to a counseling center and to the police. A prompt complaint to authorities has been held sufficient corroboration. (People v. Graham (1978), 60 Ill. App. 3d 1034, 1045, 377 N.E.2d 179.) And even if uncorroborated, the testimony of the witness alone can be sufficient to justify the conviction if that testimony is clear and convincing. (People v. Hine (1980), 88 Ill. App. 3d 671, 677, 410 N.E.2d 1017.) In my view, her account of the episode and the reasons explaining her behavior were clear and convincing. Therefore, I would affirm the defendant’s conviction for deviate sexual assault.