Judge acquits McHenry man of sexual assault charge

WOODSTOCK – A judge acquitted a McHenry man Tuesday of a sexual assault charge stemming from an accusation involving an 8-year-old girl.

McHenry County Judge Michael Feetterer returned a not guilty verdict on the Class X felony charge after the two-day bench trial of Godfrey Siwale.

Siwale was charged in October 2016 with one count of predatory criminal sexual assault after prosecutors said he inappropriately touched a young girl on one occasion when she was staying at a family friend’s home for a few days last spring.

The girl, now 9, took the stand and told the judge that she was watching YouTube videos Siwale posted of himself while sitting on his bed when he put her on his lap.

Siwale was an in-home caregiver for family friend Sherry Christy’s father, who had dementia and needed 24-hour care. Christy testified that Siwale was paid $400 a week in addition to living in their home. He was hired in November 2015 after Christy posted an ad on a website, she said.

The girl said he touched her inappropriately. She said she immediately pushed his hand away, told him to stop and left the room. The girl said she did not initially disclose what happened because she didn’t want anyone to be mad at her, and she still wanted to be able to go there. She eventually told her mother in August after she returned home from a summer vacation with her father.

Siwale, who testified on his behalf, said the girl came over to watch YouTube videos and tried to sit on his lap, but both he and Christy told her that was not OK. He said they watched videos for no more than 10 minutes, then he went to take care of Christy’s father.

Matthew Jura, Siwale’s defense lawyer, said he didn’t believe there was any sexual contact, and if there was, then it likely was accidental. He said it was not likely anything could have happened given the fact that the layout of the home was open and Christy’s father was in the room with the young girl and Siwale the entire time. Christy also was cooking in the kitchen at the time of the alleged incident about 20 feet away, Jura said.

Christy said the floor plan of her house is such that Siwale and her father occupy a living room area on the first floor that is mostly open to the rest of the house.

After weighing evidence and arguments presented by the state and defense, Feetterer said the testimony of the young girl and Siwale conflicted. He did say, however, that he thought Christy’s testimony was credible.