GREEN BAY, WI (WTAQ-WLUK) – Two counts of sexual assault of a student by a school staff member have been dropped against David Villareal because the students were too young for that charge to apply, based on the way the law is written.
Villareal was originally charged last April with three sexual assault of child charges. According to the criminal complaint, three former students allege Villareal inappropriately touched them during class between 2015 and 2017. Villareal denied the allegations when he was interviewed by police. Trial is scheduled for July 11.
Last month, prosecutors added four more charges, including two of first-degree sexual assault of a child, for additional incidents involving two more victims. Again, both were female students at Baird Elementary. The alleged incidents occurred in September 2015, and April 2016, court records show.
A defense motion notes the filed charge of sexual assault of a student by a school staff member requires that the victim be at least 16 years old, but the victims in this case are only 14 years old now – and the offenses allegedly happened when they were 7 and 8 years old.
Wisconsin Legislature: 948.095(2)
948.095 Sexual assault of a student by a school instructional staff person.
- (1)In this section:
- (a) “School” means a public or private elementary or secondary school.
- (b) “School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.
- (2)Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class D felony if all of the following apply:
- (a) The child is enrolled as a student in a school or a school district.
- (b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.
On Friday, prosecutors re-filed the charges against Villareal, but without the two counts of sexual assault by a staff member. Villareal returns to court Monday for a preliminary hearing on the new charges.
Villareal resigned after the first charges were filed.
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