State v. Neumann

Christopher W. Neumann appeals from a judgment of conviction for second-degree sexual assault. A jury found him guilty of having nonconsensual sexual intercourse by use or threat of force or violence. See sec. 940.225(2)(a), Stats.

On appeal Neumann argues that the trial court erroneously instructed the jury that it could not consider evidence of prior sexual intercourse between Neumann and the complainant, J.H., as it related to the issue of consent. He also contends that the trial court erroneously determined that second-degree sexual assault by sexual intercourse requires no intent. Because…