From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Third Degree Sexual Assault: Sexual Intercourse Without Consent. 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 - Third Degree Sexual Assault: Sexual Intercourse Without Consent, as defined in §940.225(3) of the Criminal Code of Wisconsin, is committed by one who has sexual intercourse with another person without consent.
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 two elements were present.
Elements of the Crime That the State Must Prove:
1) The defendant had sexual intercourse with (name of victim).
2) (Name of victim) did not consent to the sexual intercourse.
Meaning of "Sexual Intercourse":
"Sexual intercourse" means any intrusion, however slight, of any part of a person's body or of any object, into the genital or anal opening of another. Emission of semen is not required.
Meaning of "Did Not Consent":
"Did not consent" means that (name of victim) did not freely agree to have sexual 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 05/20/2018 through 5:00 a.m. on 05/21/2018, MPD received 300 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 300 calls for service for the past 24-hours this is how the calls came in per district: Central (46), East (78), Midtown (45), North (35), South (33), West (46), and Other (19). 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) CENTRAL: Disturbance – 7:20 a.m. Officers responded to a disturbance on N. Bassett Street. Multiples subjects were contacted, were cooperative and left the area. No injuries were reported. No charges were substantiated.
2) WEST: Disturbance – 11:38 a.m. Officers responded to Wickham Court for a noise complaint/disturbance. A primary aggressor/suspect (34-year-old AAF) punched walls, threw items and threatened other residents with a fireplace poker. The suspect was arrested for disorderly conduct and three outstanding warrants.
3) MIDTOWN: Missing Juvenile/Runaway – 12:14 p.m. Officers responded to S. Whitney Way for a report of a missing/runaway juvenile (12-year-old AAM). Attempt to locate aired. The juvenile was listed as missing/runaway in the appropriate databases. **The juvenile returned home on his own, safe.
4) WEST: Adult Arrested Person – 1:22 p.m. Officers responded to a business on Plaza Drive for a suspect (34-year-old WM) attempting to steal a cat. The suspect resisted contact by store employees. The suspect was arrested for theft of domestic animal and disorderly conduct.
5) EAST: Adult Arrested Person – 2:35 p.m. Officers responded to the 2700 block of E. Washington Ave regarding a wanted subject on site. The suspect (26-year-old WM) fled prior to arrival of officers but was located/apprehended. The suspect resisted arrested. The suspect was conveyed to jail for resisting and an outstanding felony probation warrant.
6) SOUTH: Weapons Offense – 3:54 p.m. Officers responded to the 1900 block of S. Park St for a subject chasing another subject with a knife. A subject (43-year-old HM) was contacted and found to be in possession of a knife. The subject did not want to provide a statement to officers. Witnesses reported that the HM subject was asking for money from people in the parking lot and an AAM (juvenile) produced a sledge hammer and confronted the HM. The HM subject then displayed a knife and the two subjects (HM and AAM) began chasing each other. The AAM was not on scene when officers arrived. The HM subject was charged with disorderly conduct while armed. Investigation continuing.
7) CENTRAL: Intoxicated Driver – 6:01 p.m. Officers responded to E. Main St/S. Brearly for a single-vehicle crash. The driver struck a concrete post and fled. The driver/vehicle was located on E. Main St. The driver (53-year-old WM) was ultimately arrested for operating a motor vehicle while intoxicated (first offense).
8) SOUTH: Stolen Auto – 7:13 p.m. Officers responded to Irvington Way for a stolen vehicle. The vehicle was parked in an open garage and the keys were left inside of the vehicle. Attempt to locate aired. The vehicle was listed as stolen in the appropriate databases. Investigation continuing.
9) MIDTOWN: Adult Arrested Person – 10:14 p.m. Officers responded to Allied Dr for a domestic disturbance between two subjects (27-year-old AAF victim and 30-year-old AAF suspect). The victim and suspect are sisters. The suspect punched the victim. The victim displayed a knife to protect herself. Both subjects received minor cuts. The suspect was arrested for domestic battery. Investigation continuing.
10) NORTH: Armed Robbery – 11:31 p.m. Officers responded to Schlimgen Ave for a report of an armed robbery of a delivery driver/victim (23-year-old WF). Two male suspects were involved. Suspects fled with cash from the victim's along with her car keys. The victim believes one of the suspects may have had a gun, although one was not seen. Press release completed. Investigation continuing.
11) EAST: Mental Health Conveyance – 1:46 a.m. Officers responded to North Star Dr to check the welfare of a suicidal subject (25-year-old WF). The subject was conveyed to a local hospital for a mental health evaluation. Investigation continuing.
12) WEST: Residential Burglary – 2:51 a.m. Officers responded to Schroeder Rd where the caller/homeowner (26-year-old AAF) awoke in the middle of the night to someone banging on her front door. The caller found evidence of her front door kicked. Nothing reported taken from the home. No suspects on scene. Investigation continuing.