State v. Sarfraz
Annotate this CaseAfter a jury trial, Defendant was found guilty of second degree sexual assault with force or violence by use of a dangerous weapon. The court of appeals reversed the conviction and remanded the case for a new trial, concluding that the circuit court erred by excluding evidence of prior sexual conduct between Defendant and the complainant because the evidence fit within a statutory exception to Wisconsin’s rape shield law. The Supreme Court reversed, holding that the circuit court’s refusal to admit the proffered evidence of the previous sexual relationship was proper under the rape shield law because Defendant failed to establish that the probative value of the evidence outweighed its inherent prejudice. Remanded.
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