An allegation of sexual assault from a woman against a man is a serious charge and not one that should be taken lightly. Even in previous relationships where sexual activity may have been consensual, there may be times where the situation becomes dangerous and the woman feels that she was involved in a rape. In these situations, in order for both parties to be able to defend themselves and present their story in Wisconsin, it’s necessary for all evidence to be heard.
A Milwaukee man is being granted a new trial by the Wisconsin Appeals Court after his conviction for sexual assault was overturned. In the man’s original trial, testimony was not allowed about his previous relationship with the woman. The man possibly felt that if the jury knew that the couple had been in a consensual relationship before the allegations were made, they might have been more likely to believe his side of the story.
Although prosecutors may choose to appeal the decision by the Appeals Court, for now the decision stands that two of the members of the court agreed with the man that the outcome of his original trial may have been different had the jury had all the details.
Situations involving sexual assault are often broken down into claims of one person against the claims of another. Because of this, it’s important that all evidence be presented to the jury in order for them to make the best decision about the guilt of the person being charged. Any individual facing charges of sexual assault that is concerned about the evidence against them may benefit from seeking the advice of an attorney.
Source: The Republic, “Wisconsin appeals court overturns sexual assault conviction, orders new trial,” April 9, 2013