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Darin Krause Bound Over for Trial Under State's Sexually Violent Person Statute


MADISON — Attorney General J.B. Van Hollen announced today that Circuit Court Judge Michael J. Rosborough, after presiding over an evidentiary hearing, found probable cause that Darin Krause, 46, is a sexually violent person.  The Wisconsin Department of Justice (DOJ) filed a petition under the state’s sexual predator law against Darin Krause on June 6, 2012.


Chapter 980 of the Wisconsin Statutes relates to the control, care, and treatment of sexually violent persons.  Under Wisconsin law, a person may be subject to a civil commitment when the person has been convicted of a sexually violent offense, has a mental disorder, and is dangerous to others because the mental disorder makes it likely he or she will commit further acts of sexual violence.  A civil commitment is defined in Wisconsin law as commitment to the custody and care of the Department of Health Services for control, care, and treatment until the person is no longer considered sexually violent.


According to the DOJ petition, Krause was convicted of one count of First Degree Sexual Assault-Use of a Dangerous Weapon, in violation of Wis. Stat. § 940.225(1)(b), in Richland County Case No. 02-CF-32 on February 19, 2004.  This offense is a sexually violent offense as defined in Wis. Stat. § 980.01(6)(a) and (c).  On April 20, 2004, Krause received nine years confinement in the Wisconsin State Prison System and nineteen years extended supervision for his conviction in Case No. 02-CF-32. 


The state’s petition alleges that Krause suffers from mental conditions that predispose him to engage in acts of sexual violence.  The petition also alleges that Krause is dangerous as his mental disorders make it likely that he will engage in future acts of sexual violence. 


A petition is only an allegation and a finding of probable cause only allows the state’s case to move forward.  Krause is legally presumed not to be a sexually violent person unless and until the state proves him to be a sexually violent person at a trial.  Assistant Attorney General Jeffrey M. Gabrysiak represents the state in this case.