Please ensure Javascript is enabled for purposes of website accessibility

Court Error – Rape Shield Statute

By: Derek Hawkins//May 31, 2016//

Court Error – Rape Shield Statute

By: Derek Hawkins//May 31, 2016//

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Dominic D. Cizauskas

Case No.: 2015AP1785-CR

Officials: Lundsten, Higginbotham and Sherman, JJ

Focus: Court Error – Rape Shield Statute

A jury found Dominic Cizauskas guilty of third degree sexual assault for having sexual intercourse with H. without her consent. During the trial, Cizauskas defended himself by introducing evidence that H. was motivated to falsely accuse him of sexually assaulting her because she was in a romantic relationship with another man named King. The defense theory was that H. feared that King would learn that H. had consensual sex with Cizauskas and, therefore, H. told King that Cizauskas forced himself on her. Cizauskas argues that the circuit court, relying on the rape shield statute, erred by excluding uncontested evidence that H. and King had sexual intercourse a couple of days before Cizauskas and H. had intercourse. Cizauskas argues that this ruling deprived him of multiple constitutional rights, including the right to present a defense. We reject this argument and affirm.

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests