The case of Dominic Cizauskas, 18, accused of third-degree sexual assault, is now in the hands of the jury.
Cizauskas chose to take the stand Wednesday afternoon in his own defense, providing a different view of the situation than the one described in the criminal complaint.
Cizauskas said he and the alleged victim had a prior consensual sexual relationship and friendship. Upon coming to Madison for his official visit, he communicated with the woman who explained that she had to study but said “maybe” they could see each other.
Cizauskas testified that upon arriving on campus he had five shots of spiced rum in a 1.5 hour period and had approximately two sips of a mixed drink that he did not like the taste of at a party. He said while he told the woman that he had been drinking, he does not recall telling her how much he had and said he did not feel drunk but “buzzed.”
Cizauskas was let into the dormitory building by an acquaintance. The complainant said he entered the room through the unlocked door. He said he knocked and she answered. While Cizauskas doesn’t dispute that initially the woman said “I don’t think I can do this," he said that the two then had a short conversation about it and he promised not to tell anyone.
In the criminal complaint, the woman said Cizauskas removed her pants. He said on Wednesday that he attempted to slide the pants down but they got stuck and she then assisted him.
The prosecution said that upon crawling into her bunk, the woman had told Cizauskas she wanted to go to sleep. Cizauskas said the woman said nothing, even after he said something along the lines of “I guess you don’t want to do it on the futon.”
Cizauskas admitted to hearing the word “stop” but he testified that it was in the context of “stop, stop, stop, it's too loud” as the bed hit the wall.
The defense argued that when the woman asked Cizauskas to stop, he asked if she was sure and when she said yes, he stopped. The woman has said in her complaint and testimony that after asking him to stop it was approximately another 10 minutes before he did.
Cizauskas said he proceeded to then ask the woman for oral sex, which she declined, and the two continued to talk for about five minutes on the bed before he left the room.
The woman was not in the courtroom during Cizauskas' testimony and the woman and Cizauskas did not have eye contact when the woman was testifying this morning.
After closing statements the jury was given the case shortly before 4 p.m. Wednesday.
This story is still developing. Watch LivingLakeCountry.com for updates.