State v. Wirts

Bryan A. Wirts appeals from a judgment convicting him of first-degree sexual assault, contrary to sec. 940.225(l)(c), Stats. He also appeals from orders denying his motion for postconviction relief. We affirm the judgment and orders.

Wirts does not deny that he had sexual intercourse with the complaining witness, but claims it was with her consent. Section 940.225(l)(c), Stats., required the state to prove beyond a reasonable doubt that the act of sexual intercourse was performed without the alleged victim's consent and by use of force or violence. The complaining witness testified that Wirts…