01-1879 State v. Radke

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Accordingly, we conclude that the statute is constitutional and we affirm defendant’s sentence of life imprisonment without parole for being a persistent repeater of child sexual assaults.

“That the law might have negative side effects does not make it unconstitutional. The legislature could rationally conclude that the economic, social and legal costs of allowing individualized sentencing determinations of recidivist child sex offenders were greater than those involved with eliminating parole for those crimes upon a second conviction.”

We further reject defendant’s Equal Protection argument. “Although the issue can be debated, the legislature could have rationally concluded that those who have committed child sexual assaults are more likely to continue to reoffend after they are released than are those who have committed non-sexual violent crimes. Thus, the legislature could also rationally determine that the ‘more serious’ crime of intentional homicide could be permitted a third strike while the ‘less serious’ crime of child sexual assault could not. We therefore conclude that the two strikes does not violate substantive due process or equal protection as it was applied to Radke.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Ebert, J., Dykman, J.

Attorneys:

For Appellant: William E. Schmaal, Madison

For Respondent: Michael P. Finley, Madison; Sandra L. Nowack, Madison