Victim's past possible evidence in former Badger recruit's sex a - WKOW 27: Madison, WI Breaking News, Weather and Sports

Victim's past possible evidence in former Badger recruit's sex assault trial

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MADISON (WKOW) -- A judge Thursday allowed past, consensual sex between a UW-Madison student and former Badger football recruit Dominic Cizauskas to be introduced as evidence in Cizauskas' upcoming, sexual assault trial.

Authorities say Cizauskas sexually assaulted the student in her dormitory room in December. Mukwonago High School student Cizauskas was in Madison as part of an official recruiting visit with the Badgers football team.

Judge Maryann Sumi ruled evidence of the past, consensual sex between Cizauskas and the woman constituted an exception to the rape shield law, which protects the past, sexual conduct of victims from being exposed in court proceedings.

Cizauskas' attorney, Timothy Verhoff also proposed evidence of sex between the woman and another partner in the days before the alleged sex assault also be allowed as potential, trial evidence as another exception to the law. Verhoff argued the conduct was pertinent to the woman's medical testing results after her contact with Cizauskas.

But Sumi ruled the value of the evidence was outweighed by the damage its introduction could wreak on the victim's reputation, and said it failed to qualify as a rape shield exception.

Cizauskas' trial on the charge of felony, third degree sexual assault is scheduled for next month.

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