Sexual Assault - Rape - Sex Crimes in Wisconsin

Tracey Wood & Associates
Wisconsin Criminal Defense Lawyers

Sexual Assault Laws

Definition of sexual assault crime

Under Wisconsin Law, Sexual Assault is defined as any sexual contact or sexual intercourse with another person without consent.

Sexual Contact Wisconsin laws define sexual contact as any contact of a sexual nature between two people.

Lesser Penalty A sexual assault involving only sexual contact provides lesser penalties than a sexual assault involving intercourse.

Increased penalty Sexual assault convictions involving force or threat of force during the assault, resulting in pregnancy, or involving more than one assailant (also known as gang rape) will result in increased penalties.

rape - sexual assault laws degrees First-degree sexual assault Under Wisconsin law, 1st Degree Sexual Assault is a Class B Felony subject to the penalties for a Class B Felony.

First degree sexual assault is defined by Wisconsin law (WI Stat 940.225) as any of the following criminal acts:

Sexual contact or sexual intercourse with another person without consent of that person and causing great bodily harm or impregnation; or

Sexual contact or sexual intercourse with another person without consent by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon; or

Aiding or abetting by one or more other persons and having sexual contact or sexual intercourse with another without consent by use or threat of use of force or violence.

Sexual assault of a minor child can also be charged as a 1st degree sexual assault crime.

Second-degree sexual assault Wisconsin law defines second degree sexual assault as any of the following criminal acts:

Sexual contact or sexual intercourse with another person without consent by use or threat of force or violence; or

Sexual contact or sexual intercourse with another person without consent and causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric case for the victim; or

Sexual contact or sexual intercourse with a person known to be intoxicated, known to be unconscious, or known to suffer from diminished capacities of any sort that temporarily or permanently render the victim incapable of understanding the consequences of such conduct; or

Sexual contact or sexual intercourse with another person without consent and with the assistance of one or more other persons; or

Is an employee of a medical facility or program and has sexual contact or sexual intercourse with a resident patient; or

Is an employee of the department of corrections and has sexual contact or sexual intercourse with an inmate, unless the inmate is incarcerated for a sex crime; or

Is an employee who supervises an individual on probation, parole, or extended supervision with whom sexual contact or sexual intercourse occurs, unless the person on probation, parole or extended supervision is subject to conviction for sexual assault.

Under Wisconsin law, 2nd Degree Sexual Assault is a Class C Felony and subject to the penalties of a Class C Felony.

Third Degree Sexual Assault - Rape Third degree sexual assault is rape. Wisconsin law defines third degree sexual assault as sexual intercourse with a person without consent of that person. Third degree sexual assault also occurs if a person intentionally ejaculates, urinates, or defecates upon any part of the body clothed or unclothed of the victim if such act was intended for purposes of sexual degradation, sexual humiliation, sexual arousal, or sexual gratification.

Under Wisconsin law, 3rd Degree Sexual Assault is a Class G Felony and subject to the penalties of a Class G Felony.

Fourth-degree Sexual Assault Fourth-degree sexual assault is often called molestation; it is nonconsensual sexual contact with another person.

Under Wisconsin law, 4th Degree Sexual Assault is a Class A Misdemeanor.

Child Cannot Give Consent Under Wisconsin law, a minor is incapable of giving consent to have sexual contact or sexual intercourse with another person. An adult can give consent. Wisconsin law provides that consent can be given by an adult through express words or overt actions by a person competent to give consent. A person who suffers from a mental defect, diminished capacity, or who is unconscious is presumed incapable of giving consent.

Sexual assault crimes are perhaps the easiest crime to accuse a person of committing and the hardest crime to disprove. A sexual encounter, a rendezvous, or a secret relationship between adults gone awry can result in false allegations of sexual assault charges. And the result of a conviction can be a Misdemeanor, or a Felony if force or threat of force are alleged. A Felony sexual assault charge will result in serious penalties. A jealous teen or attention-seeking child can allege a sexual assault, and under the laws of Wisconsin, that assault will be investigated without consideration for the effects upon the falsely accused adult. Once the sexual assault charge is alleged, any evidence of a sexual assault, whether that evidence was caused by the alleged perpetrator or another becomes fuel for the prosecuting attorney's case.

Granted, there are people who sexually assault children and adults. Both men and women can be sex offenders. And there are people who want and need help to refrain from activities leading to sexual assaults. Those people usually desire a settlement offer (also known as a plea agreement) to mitigate the judicial system's harshest penalties to tolerable probation restrictions with mental health care.

But those who are falsely accused of sexual assault and did not assault the alleged victim stand to face charges leading to Felony conviction with prison sentences, fines, probation, lifetime sex offender registration, and lifetime sex offender supervision.

Anyone accused of a sex crime should take the accusation very seriously. The consequences of a sex crime conviction can devastate a person's family, financial security, current employment and future career, as well as dictate where a person may or may not reside.

Free but professional "first-impression" analysis

If you are under investigation or have been arrested for any crime, or if you have already been convicted of a crime and believe your conviction to be wrong or your sentence too harsh, please call (608) 350-1004 or email the Attorneys at Tracey Wood & Associates right away. An Attorney at Tracey Wood & Associates will provide you with a brief but professional free "first-impression" analysis of your appeal based on the facts that you are able to convey. You can also submit your case online or email the attorneys.