Evidence – Other acts

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Wisconsin Supreme Court

Criminal

Evidence – Other acts

The circuit court did not err, in a prosecution for sexual assault of a child, in admitting the testimony of the defendant’s sister that the defendant had sexually assaulted her 25 years
earlier.

“Though Hurley was 25 years younger when he assaulted J.G., we do not conclude this is a significant distinction given the many similarities discussed above.
Further, even though the other-acts evidence was removed in time, as the circuit court noted, courts have upheld the admission of other-acts evidence that was removed in time due to the
similarity between the incidents. See Plymesser, 172 Wis. 2d 583 (upholding the admissibility of 13 year old evidence); Kuntz, 160 Wis. 2d 722 (upholding the admissibility of 16 year old
evidence). Given the multitude of similarities outlined above, we conclude that the J.G. assaults were relevant evidence, because they related to a fact of consequence in the case and had
strong probative value.”

Reversed and Remanded.

2013AP558-CR State v. Hurley

Gableman, J.

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