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← 100 Wis. 2d 220 - State v. Kummer

100 Wis. 2d 220 - State v. Kummer’s Empirical Analysis

1981

Citation profile

14
cited by 14 later decisions
1
states following
August 2014
most recently cited

2 federal appellate · 12 state decisions

How this case has been cited

Cited by 14 later decisions — most recently August 2014

2 federal appellate · 12 state decisions

801981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on In the Matter of Samuel Winship · Sandstrom v. Montana · Mullaney v. Wilbur · Patterson v. New York · United States v. United States Gypsum Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'is not competent to give consent and that sexual contact or . . . intercourse with such a person is a criminal offense.”
    2 later decisions quote this exact passage
  2. “In sec. 940.225, as in prior sexual assault statutes, the legislature has focused on the fact that sexual assault is a nonconsensual act. . .. Nevertheless, as early as statehood and continuing thereafter, the offense of rape was expanded by the Wisconsin legislature to include intercourse with a female incapable of giving meaningful consent because of immaturity. Beginning in 1849 . . . this state has by statute made it a crime to engage in sexual intercourse with a person under a statutorily prescribed age regardless of the consent of the victim . . .. Sec. 940.225(l)(d), sec. 940.225(2)(e) and sec. 940.225(4) fit together well if they are read to establish three substantive offenses: sexual contact or sexual intercourse with a person under twelve; sexual contact or sexual intercourse with a person over the age of twelve and under fifteen years of age; and sexual contact or sexual intercourse with a person who is fifteen to seventeen years of age without the consent of that person.”
    1 later decision quote this exact passage
  3. “sexual contact or sexual intercourse with a person 12 years of age or younger.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.