On Point blog, page 3 of 3
Rape-Shield, § 972.11 – Semen Swab Not Linked to Defendant
State v. Tyrone Booker, 2005 WI App 182
For Booker: Jeffrey W. Jensen
Issue: Whether the trial court erroneously exercised discretion under the rape-shield law, and denied effective cross-examination, by excluding evidence of semen swabs of the alleged sexual assault victim not linked to Booker, where the allegations against him involved touching not intercourse.
Holding:
¶16 … The statute lists three types of evidence that are exceptions to the rape shield law: (1) evidence of the complainant’s past conduct with the defendant;
Rape-Shield, § 972.11 – Complainant’s Prior Sexual Conduct – Alternative Source of Sexual Knowledge
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision
For St. George: Donald T. Lang, SPD, Madison Appellate
Issue: “Was the circuit court’s exclusion of the defendant’s proffered evidence of the child victim’s prior sexual contact with another child a denial of the defendant’s constitutional right to present evidence?” ¶2.
Holding: Application of § 972.11 to deprivation of the defendant of his constitutional rights is a question of “constitutional fact”
Rape-Shield, § 972.11 – Prosecutorial Door-Opening
State v. Charles A. Dunlap, 2002 WI 19, reversing 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398; affirmed on habeas, Dunlap v. Hepp, 436 F. 3d 739 (7th Cir 2006)
For Dunlap: Jack E. Schairer, SPD, Madison Appellate
Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault,
Rape-Shield, § 972.11 – Generally
State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F.3d 807 (7th Cir. 2003)
For Hammer: Rex Anderegg
Issue/Holding: The rape shield statute will be overcome if the five-part test of State v. Pulizzano, 155 Wis. 2d 633, 656, 456 N.W.2d 325 (1990) is met.
Rape-Shield, § 972.11(2)(b) – Assault by 3d Party – Alternative Source of Sexual Knowledge
State v. Richard Dodson, 219 Wis.2d 65, 580 N.W.2d 181 (1998), unpublished decision below.
For Dodson: Michael J. Backes
Issue/Holding: Applying the test of State v. Pulizzano, 155 Wis. 2d 633, 647-48, 456 N.W.2d 325 (1990), the court finds evidence of prior sexual assaults necessary “to rebut the logical and weighty inference that the victim gained sexual knowledge because the defendant committed the acts charged,”