Prior Sexual Assault Convictions Can Be Introduced as Evidence

Your past can—and will—come back to haunt you if you face a charge of first-degree sexual assault in the state of Wisconsin. 

In Wisconsin, prior sexual assault convictions may be introduced as evidence in the case against you. According to Wisconsin Statute 904.04(2)(b)2, in a criminal proceeding alleging a violation of first-degree sexual assault or first-degree sexual assault of a child, evidence of other convictions for those specific crimes or a comparable offense in another jurisdiction that is similar to the alleged violation may be admitted. This is permitted, the law states, as “evidence of the person’s character in order to show that the person acted in conformity.”

This Wisconsin statute is an exception to the rule that prohibits other acts of evidence from being offered to prove conduct. Over the years, the constitutionality of this exception has come into question. In 2019, the Wisconsin Court of Appeals reviewed the case of State v. Christopher L. Gee, whereby the defendant appealed his conviction of two counts of first-degree sexual assault using a dangerous weapon.

In this case, the defendant contended that his right to due process was violated because he chose not to testify based on the trial court’s pretrial ruling regarding the admission of his prior conviction for rape in Indiana. The trial court determined that the prior conviction could be introduced at trial pursuant to Wisconsin Statute 904.04(2)(b)2 but limited its admission to purposes of rebuttal in the event the defendant presented evidence attacking the credibility of the victims. The defendant asserted that the trial court erroneously exercised its discretion in making that ruling.

The Wisconsin Court of Appeals, in its decision, upheld that Wisconsin Statute 904.04(2)(b)2 is constitutional as applied to the defendant. The Court further concluded that the trial court did not erroneously exercise its discretion in its ruling regarding the admission of the defendant’s prior conviction.

A charge of sexual assault is a serious criminal offense. Wisconsin’s laws surrounding sexual assault can be confusing and there are gray areas that are subject to interpretation. Having a skilled criminal defense attorney with demonstrated experience and a successful track record of handling Wisconsin sexual assault cases is critical for a favorable outcome in your case.