MADISON, Wis. - A Dane County judge denied a motion to suppress evidence from sexual assault exam in a sexual assault case against a University of Wisconsin football recruit.
Dominic D. Cizauskas allegedly sexually assaulted a female student in a UW residence hall dorm room in December. He's charged with third-degree sexual assault.
Judge Maryann Sumi ruled on the motion Thursday. Cizauskas' defense argued the sexual assault exam should be thrown out because the victim has sexual contact with her boyfriend before the alleged assault.
Cizauskas was visiting the university for a couple of days and started texting the woman, who he had gone to high school with and had previous consensual sexual contact with, according to a criminal complaint. Since she had started school in the fall, she and Cizauskas had exchanged flirtatious texts where he had mentioned sex.
Cizauskas is a Mukwonago High School senior linebacker and gave the Badgers a non-binding commitment to their 2014 freshman class in June. He was scheduled to sign a national letter of intent last month, but he was not listed among UW's 25 players signing letters. He was named the Wisconsin Football Coaches Association defensive player of the year.
The woman tried to convince Cizauskas not to visit her when he was visiting campus in December, but he showed up at her dorm room after midnight, according to the complaint. The woman said she could smell alcohol on his breath, and Cizauskas told her he had consumed 10 shots in 30 minutes.
Cizauskas then sexually assaulted her twice, according to the complaint. She told police she "tried to push him off of me, but he is a 200-pound football player."
The woman confronted Cizauskas via text message about sexually assaulting her, and he said she had agreed to have sex with him, according to the release.
A status hearing is scheduled for June 9 and a trial is scheduled to start on June 16.
If convicted, Cizauskas faces up to a $25,000 fine, 10 years in prison, or both.
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