{"id":377346,"date":"2016-03-31T21:37:24","date_gmt":"2016-04-01T02:37:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-rape-and-sexual-assault-laws.html"},"modified":"2025-02-27T13:05:39","modified_gmt":"2025-02-27T18:05:39","slug":"wisconsin-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-rape-and-sexual-assault-laws.html","title":{"rendered":"Wisconsin Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Wisconsin Rape and Sexual Assault Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s a crime in Wisconsin to rape<\/a> or sexually assault<\/a> another person. The criminal penalties for these sex crimes vary depending on how much force or violence the defendant used. They also depend on whether the defendant used a weapon and whether there are other aggravating<\/a> factors.<\/p>\r\n

Wisconsin law doesn’t use the term rape. Instead, it uses the term sexual assault.<\/p>\r\n

The table below details Wisconsin’s rape and sexual assault laws.<\/p>\r\n\r\n
Code sections<\/th>\r\n

Wisconsin Statutes Sections 940.225 \u2014 Sexual Assault<\/a> and 948.02 \u2014 Sexual Assault of a Child<\/a><\/p>\r\n<\/td>\r\n<\/tr>

What is prohibited?<\/th>\r\n

Wisconsin law divides this crime into four degrees of sexual assault, with the first being the most severe:<\/p>\r\n

First-degree sexual assault.<\/b> This crime involves a person engaging in sexual contact or intercourse with someone under the following circumstances:<\/p>\r\n

Penalty<\/th>\r\n

According to Wisc. Stat. \u00a7939.50<\/a>, the penalties for the below sexual assault crimes are:<\/p>\r\n

Defenses<\/th>\r\n

Your criminal defense attorney can raise a host of defenses<\/a> in your sexual assault case. For example, actual innocence is always a defense to criminal charges. With a sexual assault charge, consent is also a valid defense.<\/p>\r\n

Consent is not a defense to sexual assault of a child, including statutory rape<\/a>.<\/p>\r\n

Also, Wisconsin law specifically states that being married isn\u2019t an automatic defense to sexual assault. In the State of Wisconsin, the state can charge you with rape or sexual assault of your spouse.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> If the defendant believes an adult is a child, in a sting operation perhaps, the state can still prosecute them for attempted child sexual assault.<\/i><\/p>\r\n

Penalty<\/b> According to Wisc. Stat. \u00a7939.50<\/a>, the penalties for the below sexual assault crimes are:<\/p>\r\n