Illinois Supreme Court ruling could affect Sauer revenge porn case

  • Nick Sauer

    Nick Sauer

 
 
Updated 10/15/2019 4:18 PM

The outcome of the case against former state Rep. Nick Sauer, charged with posting lewd images of two former girlfriends online without their consent, could be affected by a forthcoming Illinois Supreme Court ruling.

Daniel M. Locallo, who is leading the legal team representing Sauer, told Lake County Judge Patricia Fix during a status hearing Tuesday that the Illinois Supreme Court is expected to rule soon in the case of People v. Bethany Austin.

                                                                                                                                                                                                                       
 

That case concerns McHenry County resident Bethany Austin, who found nude images of another woman in the iCloud storage account she shared with her then-fiance. Authorities say that after the couple called off the wedding, Austin sent the images to friends and family along with a letter explaining the split.

Austin was arrested and charged with a felony for "nonconsensual dissemination of private sexual images," the same charge Sauer faces. Austin's legal team has argued that the "revenge porn" law is unconstitutional because it harms her freedom of speech.

Sauer, a South Barrington Republican, resigned from his 51st District seat in the state House last year after a former girlfriend accused him of posting nude photos of her online without her consent. The unidentified woman said Sauer created an Instagram account using her name and placed the images there to lure men into graphic discussions. A second woman, Melissa Kreithen, then came forward. Authorities said they found pictures of her posted by Sauer on Instagram.

A hearing on a defense motion to dismiss charges against Sauer will be held Nov. 14. Assistant Lake County State's Attorney Fred Day said they likely would reschedule that hearing if the Supreme Court hasn't ruled on the Austin case.

Sauer's jury trial is set to begin Dec. 9.

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