Legal Question in Criminal Law in Wisconsin

Child Sexual Assault Motion to Dismiss Due to Alibi

Child sexual assault is a gravely serious charge which generally results in prison time as well as lifetime sex offender registration following a conviction. You should therefore not attempt to defend such matters on your own--get a lawyer ASAP. Generally speaking, the defense of being in a different place when the crime was committed is known as the legal defense of "alibi." Succeeding in this defense is far more complex than meets the eye due to procedural requirements which need to be met prior to putting on evidence of alibi. Failure to meet these requirements can result in the alibi defense being disallowed by the judge. In terms of a motion to dismiss, courts will only resolve disputed facts (i.e., whether or not you were at the crime scene when the crime occurred) during a trial either to a jury or a judge. Obviously the government thinks you were there and it probably has some evidence to back up its assertion. The question of whose evidence is better is generally one for the jury, not for a motion to dismiss prior to trial. The jury (or judge) alone decides whether or not this evidence is sufficient to convict you beyond a reasonable doubt. Also, child sexual assault charges are often continuing offenses, meaning that there could be more than one date. Courts will generally allow the government to amend the date during the trial, especially with child witnesses; making preparation of an alibi for any one date difficult if not impossible.