Wisconsin Rape and Sexual Assault Laws

Wisconsin Statutes Sections 940.225 — Sexual Assault and 948.02 — Sexual Assault of a Child

Wisconsin law divides this crime into four degrees of sexual assault, with the first being the most severe:

First-degree sexual assault. This crime involves a person engaging in sexual contact or intercourse with someone under the following circumstances:

• Without their consent to the sexual activity
• That causes pregnancy or serious physical injury
• By use of a dangerous weapon
• With the help of another person
• The defendant accomplished the sexual activity as a result of the use or threat of violence

Second-degree sexual assault. Sexual contact or sex under any of the following circumstances:

• Use of force or the threat of force or violence
• Causing great bodily harm, disease, reproductive impairment, or mental anguish
• Sexual contact or a sexual act with a mentally ill, intoxicated, or unconscious person
• Being aided or abetted by another person
• A health care employee having sexual conduct with a patient or resident of the facility
• An employee of a child welfare agency or hospital having sexual conduct with a client
• A correctional officer or prison volunteer who has sexual contact with an inmate
• A probation or parole officer who has sex with someone on parole or probation

Third-degree sexual assault. Sexual intercourse or sexual contact involving the defendant's intentional ejaculation, urination, or defecation upon the alleged victim's body for sexual gratification or the humiliation of the victim

Fourth-degree sexual assault. This crime involves someone making sexual contact with another person for sexual humiliation of the victim or sexual gratification of the defendant

Note: These laws apply regardless of whether the victim is alive or dead at the time of the assault. If separate sexual assaults happen, the state will charge the defendant with separate offenses.

Sexual assault of a child

Wisconsin law divides this offense into two categories:

First-degree sexual assault. Different felonies apply depending on the age of the victim and whether the victim suffers any bodily harm:

• Sexual contact or intercourse with a child under 13. If the incident causes physical injury, the defendant will face Class A felony charges.
• Sexual intercourse with a child under 12 or sexual activity with a child between 12 and 16 by the use or threat of force or violence
• Sexual contact with a person under 16 by the use or threat of force.

Second-degree sexual assault. Sexual contact or intercourse with a person under 16

Failure to act. Knowing somebody intends to engage or has already had sexual intercourse or sexual contact with a child and failing to report their behavior.

Note: 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.

According to Wisc. Stat. §939.50, the penalties for the below sexual assault crimes are:

• Class A felony. Life imprisonment (first-degree sexual assault of a child under 13 that causes injury)
• Class B felony. Up to 60 years imprisonment (first-degree sexual assault of an adult or child)
• Class C felony. Imprisonment for up to 40 years and a fine of up to $100,000 (second-degree sexual assault of an adult or child)
• Class F felony. Imprisonment for up to 12.5 years and a fine of up to $25,000 (failure to act)
• Class G felony. Imprisonment up to 10 years and up to $25,000 fine (third-degree sexual assault)
• Class A misdemeanor. Imprisonment up to nine months and a $10,000 fine (fourth-degree sexual assault)

Also, someone with a sexual assault conviction must register with the state and national sex offender registry. This will affect where you can live and work and your reputation. Most sex offenders stay on the sex offender registry for the rest of their lives.

Your criminal defense attorney can raise a host of defenses 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.

Consent is not a defense to sexual assault of a child, including statutory rape.

Also, Wisconsin law specifically states that being married isn’t an automatic defense to sexual assault. In the State of Wisconsin, the state can charge you with rape or sexual assault of your spouse.