| Court: | Wisconsin Court of Appeals |
| Facts: | A couple in the trailer park has neighbor girls over for pizza, sleep-overs, porn and sexual assault. The assaulting is done by the man, but the woman is also charged with failing to protect a child from sexual assault. |
| Posture: | Convicted at trial, appealing. |
| Issue: | Sufficiency of the evidence. Also, she shouldn't have to pay for her own DNA test. |
| Holding: | She's right about the DNA test, but the evidence was sufficient. |
| Rule: | If the person legally responsible for the welfare of a child "makes use of" another person, who then fails to prevent sexual assault of that child, the other person is at fault. |
| Reasoning: | As long as the state proved that Wad was a "person responsible" (by being used), the conviction can stand. A jury could reasonably find this. |
| Dicta: | |