972.11 Evidence and practice; civil rules applicable.

757 words·~3 min read·/wi/chapter-972/972-11-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subs.

(2)to

(5), the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different construction. No guardian ad litem need be appointed for a defendant in a criminal action. Chapters 885 to 895 and 995 , except ss. 804.02 to 804.07 and 887.23 to 887.26 , shall apply in all criminal proceedings.

(a)In this subsection, “sexual conduct” means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual intercourse or sexual contact, use of contraceptives, living arrangement and life-style.

(b)If the defendant is accused of a crime under s. 940.225 , 942.09 , 942.095 , 948.02 , 948.025 , 948.05 , 948.051 , 948.06 , 948.07 , 948.072 , 948.08 , 948.085 , 948.09 , or 948.095 , or under s. 940.302

(2), if the court finds that the crime was sexually motivated, as defined in s. 980.01

(5), any evidence concerning the complaining witness’s prior sexual conduct or opinions of the witness’s prior sexual conduct and reputation as to prior sexual conduct shall not be admitted into evidence during the course of the hearing or trial, nor shall any reference to such conduct be made in the presence of the jury, except the following, subject to s. 971.31

(11):

1. Evidence of the complaining witness’s past conduct with the defendant.

2. Evidence of specific instances of sexual conduct showing the source or origin of semen, pregnancy or disease, for use in determining the degree of sexual assault or the extent of injury suffered.

3. Evidence of prior untruthful allegations of sexual assault made by the complaining witness.

(c)Notwithstanding s. 901.06 , the limitation on the admission of evidence of or reference to the prior sexual conduct of the complaining witness in par.

(b)applies regardless of the purpose of the admission or reference unless the admission is expressly permitted under par.

(b)1. , 2. or 3.

1. If the defendant is accused of a crime under s. 940.225 , 942.09 , 942.095 , 948.02 , 948.025 , 948.05 , 948.06 , 948.085 , or 948.095 , evidence of the manner of dress of the complaining witness at the time when the crime occurred is admissible only if it is relevant to a contested issue at trial and its probative value substantially outweighs all of the following:

a. The danger of unfair prejudice, confusion of the issues or misleading the jury.

b. The considerations of undue delay, waste of time or needless presentation of cumulative evidence.

2. The court shall determine the admissibility of evidence under subd. 1. upon pretrial motion before it may be introduced at trial.

(a)At a trial in any criminal prosecution, the court may, on its own motion or on the motion of any party, order that the testimony of any child witness be taken in a room other than the courtroom and simultaneously televised in the courtroom by means of closed-circuit audiovisual equipment if all of the following apply:

1. The court finds all of the following:

a. That the presence of the defendant during the taking of the child’s testimony will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.

b. That taking the testimony of the child in a room other than the courtroom and simultaneously televising the testimony in the courtroom by means of closed-circuit audiovisual equipment is necessary to minimize the trauma to the child of testifying in the courtroom setting and to provide a setting more amenable to securing the child witness’s uninhibited, truthful testimony.

2. The trial in which the child may be called as a witness will commence:

a. Prior to the child’s 12th birthday; or

am. Prior to the child’s 18th birthday if the trial is for a prosecution for a violation of s. 940.302 or 948.051 ; or

b. Prior to the child’s 16th birthday and, in addition to its finding under subd. 1. , the court finds that the interests of justice warrant that the child’s testimony be taken in a room other than the courtroom and simultaneously televised in the courtroom by means of closed-circuit audiovisual equipment.

(b)Among the factors which the court may consider in determining the interests of justice under par.

(a)2. b. are any of the following: