| Court: | WI Court of Appeals |
| Facts: | Prison rape": there was a threat of violence the first time, but no overt threat was made for the other four times; the victim, of course, probably felt like the initial threat persisted. Jaworski claims the victim consented on all but the first time, and there was some testimony supporting this.. |
| Posture: | Convicted of five counts of second degree sexual assault at trial. Appeal on the sufficiency of the evidence regarding threat of force or violence. |
| Issue: | Were the subsequent counts accomplished by force or threat of violence? |
| Holding: | Yes. Affirmed. The trier of fact could reasonably have found there to be a threat. |
| Rule: | Reversal only possible if there has been error in evaluating the evidence. |
| Reasoning: | "Threat" is not defined in the statute, so we go to the commonly accepted meaning (i.e., dictionary). The circumstances (confinement, etc.) support the inference that there was an ongoing threat. |
| Dicta: | |