Prosecutorial Misconduct-Burden Shifting-Sexual Assault

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Robert W. Wilson

Case No.: 2024AP001890-CR

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Prosecutorial Misconduct-Burden Shifting-Sexual Assault

Wilson was charged with repeatedly sexually assaulting a child. At trial, the child victim testified that Wilson sexually touched her on more than three occasions, and the jury also heard her recorded forensic interview, testimony from witnesses who received her disclosures, and evidence of Wilson’s prior convictions for sexual offenses involving a child. During closing arguments, the prosecutor repeatedly stated that the State bore the burden of proving guilt beyond a reasonable doubt but also argued that the case ultimately depended on whether the jury believed the victim or Wilson.

On appeal, Wilson argued these comments improperly suggested the jury could acquit only if it found the victim was lying. Relying on State v. Bell, the Court of Appeals concluded this was a “symmetrical” credibility case because Wilson’s sole defense was that the assaults never occurred and the victim was either lying or mistaken. If the jury believed the victim’s testimony, it established every element of the offense, including repeated assaults and sexual intent.

The court found that the prosecutor’s remarks accurately framed the credibility dispute rather than shifting the burden of proof.

Affirmed.

Decided 08/04/26

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