MENOMONIE, Wis. — Dunn County officials are hailing a unanimous Wisconsin Supreme Court decision that reinstated a Dunn County 2017 child sexual assault conviction.
District Attorney Andrea Nodolf said the case, which she prosecuted, illustrates how critical the testimony of child victims is in these types of cases. Sensitive cases are dramatically weakened if the victim can’t testify or declines to take stand, she said.
“As a prosecutor, I would never force a child to testify,” Nodolf said. “Some children can handle testifying and some can’t. That means, unfortunately, we have to make plea agreements in sexual assault cases because the victim is unavailable for testifying.”
Nodolf was the prosecuting attorney when a Dunn County jury in 2017 convicted Jobert Molde of two child sexual assault charges. Those charges were set aside by the 3rd District Court of Appeals after Molde claimed his attorney was ineffective for not challenging expert witness testimony.
The Wisconsin Supreme Court, in a 7-0 decision, soundly rejected that argument and reversed the appellate court, reinstating the convictions. The decision was released on June 13, 2025.
Nodolf applauded the decision and noted that a unanimous decision is unusual. Nodolf added that the concurring opinion by now Chief Justice Jill Karofsky is a huge win for young victims.
“Justice Karofsky’s opinion explains the problems we face every day in prosecuting these crimes and the pressure it places on victims, especially when they are children.” Nodolf said.
The Supreme Court said the testimony of the victim was “crucial evidence” in convicting Molde. Karofsky said she wrote her concurring opinion “to elevate the voice” of the child victim, “whose courage and perseverance allowed her to overcome the ‘herculean task of reporting sexual abuse.’ “
The victim was assaulted at eight or nine years old, Karofsky said, and five years later “found her voice” to report the crimes, restate her story during a forensic interview, and relay it again on the witness stand.
Of note, Chief Justice Karofsky was critical of the appellate court rejecting the credibility of the witness because of a lack of other evidence, the time it took to report the crime and other factors.
“These assertions are as disconcerting as they are misguided,” Karofsky wrote. “They are predicated upon damaging and victim-blaming misperceptions.”
The victim, Karofsky said, “defied the odds in reporting her abuse,” adding, “Child sexual assault victims must overcome near insurmountable barriers to reporting abuse and achieving justice. When these brave children speak, courts must ensure they are heard.”
