145 Wis. 2d 91
PROCEDURAL POSTURE: Defendant sought review of the decision of the Circuit Court for Milwaukee County (Wisconsin), which denied defendant's right to cross-examine juvenile complaining witness about prior arrests for prostitution, and which convicted defendant of third-degree sexual assault, pursuant to Wis. Stat. § 940.225(3).
-Defendant claimed that the juvenile propositioned him.
-The juvenile accused defendant of rape.
-At the trial, defendant was denied the right to cross-examine the juvenile on her prior arrests for prostitution, pursuant to Wis. Stat. § 972.11(2), the rape shield law.
-The trial court convicted defendant of third-degree sexual assault pursuant to § 940.225(3) and sentenced defendant to four years incarceration to be served consecutively with the term he was serving as result of parole revocation.
On defendant's appeal, the court reversed the decision of the trial court and remanded the case to the trial court with directions.
The court determined that U.S. Const. amend. VI and Wis. Const. art. I, § 7 guarantee a defendant the right to confront adverse witnesses, that Wis. Stat. 972.11(2) provided only limited exceptions to the rape shield law, that the absolution nature of the rape shield law violated defendant's right to confrontation because it precluded the balancing test mandated in Davis v. Alaska, 415 U.S. 308 (1974), and that, therefore, § 972.11(2)(c), which precluded admission or reference to evidence unless expressly permitted under other sections, was unconstitutional.
OUTCOME: The court reversed the decision of the trial court, which had denied defendant's right to cross-examine juvenile complaining witness and had convicted defendant of sexual assault. The court ruled that the rape shield law unconstitutionally denied defendant his right to confrontation. The court remanded the action to the trial court with directions for a new trial.
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