MADISON, Wis. (AP) – A Wisconsin state appeals court has overturned a sexual assault conviction against a man because it says the lower court should have allowed testimony about his relationship with the woman.
The 1st District Court of Appeals on Tuesday in a 2-1 decision granted a new trial for Muhammad Sarfraz of Milwaukee.
He was found guilty of second degree sexual assault in 2011 and sentenced to 10 years in prison.
Sarfraz argues evidence should have been allowed showing that he had prior consensual sexual contact with the woman who said she had been raped.
The appeals court agreed, saying the full extent of their relationship would allow the jury to question the allegations against him.
State Department of Justice spokeswoman Dana Brueck said the decision is being reviewed for possible appeal.