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. |
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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. |
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Dicta: |
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