State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03
For Forster: Martha K. Askins, SPD, Madison Appellate
Issue: Whether designation of “breast,” in § 939.22(19), applies to males as well females, so that touching of a male breast may constitute sexual assault.
Holding: The statute plainly applies to the “intimate parts,” including “chest,” “of a human being,” and therefore applies to both genders. Moreover, in related statutes the legislature’s specification of “female” breast in related statutes buttresses an intent that this statute applies to both genders. ¶¶15-17.
¶18. We are satisfied that the plain language of Wis. Stat. § 939.22(19) is meant to include a female and a male breast because each is “the breast … of a human being” and thereby the touching of a boy’s breast constitutes “sexual contact” within the meaning of Wis. Stat. § 948.02(2)
