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