Attorney Scott McClune Wins an Acquittal in Milwaukee, WI for a Client Charged with a Sex Crime : Legal Articles from Gamino Law Offices, LLC

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Attorney Scott McClune Wins an Acquittal in Milwaukee, WI for a Client Charged with a Sex Crime

by Gamino Law Offices on 03/12/14

            Gamino Law Offices’ sexual assault defense lawyers have been celebrating a recent acquittal of one of our clients at a jury trial in Milwaukee, Wisconsin.  Attorney Scott McClune was the first chair at trial.  His client was charged with second degree sexual assault, contrary to Wis. Stat. § 940.225(2)(a), which is sexual contact or sexual intercourse with another person without the consent of that person and by use or threat of force or violence.

            The winning defense theory was that the sexual contact was consensual.  The defense attorney brought the following favorable facts to attention of the jury: 


  1. -       The client’s friend was invited over a girl’s house he had met on Facebook, and brought the client and other friends with him to the house. 
  2. -       The house belonged to the girl’s grandmother, where she lived with her twin sister. 
  3. -       At the end of the night when the boys left, the girls discovered that some of their grandmother’s things were missing and determined amongst themselves that the boys had taken those items. 
  4. -       They called the police, reported the burglary, and requested the police come to the home to investigate.
  5. -       No one came to the home. 
  6. -       They called again, this time alleging multiple sexual assaults, along with the burglary, and again requested that police respond to the home. 
  7. -       The police came immediately and investigated the sexual assault complaints.


             The prevailing strategy used by the defense in this sexual assault case was to convince the jury that the alleged victim engaged in a consensual sexual act, but falsely reported a nonconsensual act when the police did not respond to their initial burglary complaint.  The defense argued the false accusations of a sex crime were serious allegations made to get back at the boys for stealing their grandmother’s belongings, and also as a way to get the police to take their burglary complaint seriously.

            If you are accused of a crime, there will almost always be an investigation by law enforcement.  Poor police work can have drastic consequences, like someone getting falsely accused of a serious sexual assault carrying a maximum 40 year prison sentence.  It is up to an experienced Wisconsin criminal defense attorney to effectively inform a jury that law enforcement did not do their job, and why that affects the ultimate determination of guilt.

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