From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent by Use or Threat of Force or Violence. If you were sitting on an empaneled jury, these are the instructions, without all of the complex "legalese" that the Judge would read prior to going into jury deliberations.
Statutory Definition of the Crime - Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent by Use or Threat of Force or Violence, as defined in §940.225(2)(a) of the Criminal Code of Wisconsin, is committed by one who has sexual [contact] [intercourse] with another person without consent and by use or threat of force of violence.
State's Burden of Proof: Before you may find the defendant guilty of this offense, the State must prove by evidence which satisfies you beyond a reasonable doubt that the following three elements were present.
Elements of the Crime That the State Must Prove:
1) The defendant had sexual [contact] [intercourse] with (name of victim).
2) (Name of victim) did not consent to the sexual [contact] [intercourse].
3) The defendant had sexual [contact] [intercourse] with (name of victim) by use or threat of force or violence.
The use or threat of force or violence may occur before or as part of the sexual [contact] [intercourse].
Select the Alternatives Supported by the Evidence –
[This element is satisfied if the use or threat of force or violence compelled the victim to submit.]
[Use or threat of force or violence on one date can carry over to an alleged sexual assault on a later date if the use or threat of force or violence continued to weigh on (name of victim) and caused (him) (her) to cooperate out of fear for (his) (her) safety.]
[The phrase "by use of force" includes forcible sexual contact or force used as the means of making sexual contact.]
Meaning of "Did Not Consent":
"Did not consent" means that (name of victim) did not freely agree to have sexual [contact] [intercourse] with the defendant. In deciding whether (name of victim) did not consent, you should consider what she/he said and did, along with all the other facts and circumstances. This element does not require that (name of victim) offered physical resistance.
The information contained in my blog is derived from notes provided by MPD Officers-In-Charge (OIC) at the end of their shifts. Most narratives represent early and preliminary information that was gathered by an OIC from those in the field who were actively working cases. The OIC is sharing what they were being told, in the moment. In many instances, facts and circumstances, even the type of crime listed, can change as officers, detectives and investigators continue their work.
From 5:00 a.m. on 05/21/2018 through 5:00 a.m. on 05/22/2018, MPD received 423 calls for service. This number does not include parking complaints or 911 misdials. For purposes of clarification, the following abbreviations are short-hand for race designations: W=White, AA=African American, NA=Native American, H=Hispanic, ME=Middle Eastern, A=Asian, MR=Mixed Race, U=Unknown. MPD shifts are staggered as follows: 1st detail=7 a.m. to 3 p.m., 2nd detail=12 p.m. to 8 p.m., 3rd detail=3 p.m. to 11 p.m., 4th detail=8 p.m. to 4 a.m., 5th detail=11 p.m. to 7 a.m.
To further break down the 423 calls for service for the past 24-hours this is how the calls came in per district: Central (71), East (88), Midtown (59), North (59), South (54), West (49), and Other (43). Other=these are calls for service that either do not have a sector listed or the sector is not in the City. For example, if one of our officers assists another law enforcement agency, their sector is not listed in our districts so therefore it is listed under "other".
1) EAST: Theft – 5:06 a.m. Officers responded to a business on Robertson Rd for an employee caught stealing (money). The suspect (41-year-old WM) was contacted and arrested for felony theft. A firearm was recovered from the suspect and taken for temporary safekeeping. The suspect was conveyed to jail.
2) NORTH: Weapons Offense/Person w/Gun - 1:10 p.m. Officers responded to the 3700 block of Kipling Drive regarding a 911 disconnect call with screaming heard in the background. There was a report that a subject on scene had a gun. Officers responded. No gun was proven to be a part of this dispute. No charges have been substantiated at this time. Investigation continuing.
3) EAST: Domestic Disturbance - 12:03 p.m. Officers responded to Acewood Blvd for a disturbance. The victim (49-year-old WF) reported that her daughter's boyfriend/suspect (29-year old AAM) threatened her with a baseball bat. The suspect threw a glass plate, pushed the victim, smashed a chair with the baseball bat and threatened a second victim (47-year-old AAM) who attempted to intervene. The suspect fled before officers arrived. The suspect is at-large. Once located, the suspect will be arrested for disorderly conduct while armed and disorderly conduct. Investigation continuing.
4) CENTRAL: Drug Incident/Overdose - 4:08 p.m. Officers, along with EMS, responded to the 200 block of State Street for an unresponsive subject (36-year-old WM) having an overdose. MFD administered Naloxone to the subject which revived him. The subject admitted to the use of heroin. Drug paraphernalia was observed on scene. The subject was conveyed to a local hospital. Once medically cleared, will be transported to jail on charges of possession of heroin, bail jumping and an outstanding DOC hold.
5) NORTH: Missing Adult - 5:38 p.m. Officers responded to Independence Lane for a report of a missing adult (28-year-old WF, who reportedly is cognitively delayed). Attempt to locate aired. The subject was listed as missing in the appropriate databases. Investigation continuing.
6) EAST: Domestic Disturbance - 6:21 p.m. Officers responded to the 1800 block of Stoughton Rd for a domestic disturbance between two subjects (20-year-old AAF victim and 21-year-old AAM suspect). The victim and suspect were arguing over child custody. As officers were attempting to make contact with the suspect, he fled in a vehicle. The suspect was located and arrested for domestic disorderly conduct and resisting.
7) SOUTH: Weapons Offense - 6:27 p.m. Officers responded to Coho St for a report of a subject (15-year-old AAF) with a knife. The suspect got into an argument with a victim/her sister (17-year-old AAF). The suspect grabbed a knife during the argument. The victim fled to a bedroom and barricaded herself. The suspect reportedly stabbed the door and forced it open. The suspect was conveyed to the Juvenile Reception Center for 2nd degree recklessly endangering safety and disorderly conduct while armed. Investigation continuing.
8) NORTH: Death Investigation - 7:15 p.m. Officers responded to a north side residence for a pulseless non-breathing (PNB) subject (69-year-old WM). Lifesaving measures were not successful. Nothing suspicious observed on scene. Medical Examiner's office responded. Investigation continuing.
9) EAST: Check Person - 7:25 p.m. Officers responded to the 4500 block of E. Washington Ave to check the welfare of a subject (24-year-old HF) causing a disturbance. The subject appeared to be under the influence of some sort of substance. The subject was transported to a local hospital where she was left in the care of medical staff for an evaluation. The subject was cited for obstructing (she lied about her identity to officers) and possession of drug paraphernalia. DOC was contacted as she is on probation/parole. Investigation continuing.
10) EAST: Information/Armed Robbery - 12:15 a.m. Officers spoke with a victim (48-year-old AAM) who reported being robbed at gunpoint on Milwaukee St by two AAMs. The victim was not fully cooperative with officers and at one point stopped talking with officers. No injuries were reported. Investigation continuing.
11) CENTRAL: Adult Arrested Person - 3:05 p.m. Officers responded to Langdon St where a subject was on a city bus intoxicated, not fully clothed and had fallen asleep. Officers made contact with the subject/suspect (35-year-old AAM) who was uncooperative. The subject was initially released from the scene but continued to cause a disturbance. The suspect was then arrested for disorderly conduct and conveyed to jail.