Defending against Sexual Assault

 Posted on December 00,0000 in Criminal Defense

Charges of sexual assault are very serious and should not be taken lightly. Aside from their seriousness, they are also embarrassing and carry stigma that will follow you the rest of your life, even if you are innocent of the accusations.

Wisconsin law has different categories of sexual assault, but it is generally defined as non-consensual sexual intercourse, through the threat of force, violence, pregnancy or that causes great bodily harm. The most commonly known form of sexual assault is rape. Sexual assault charges carry hefty penalties depending on the degree:

• First degree sexual assault is a Class B felony, which carries up to 60 years in prison;
• Second degree sexual assault is a Class C felony, which carries up to 40 years in prison and/or up to $100,000 in fines;
• Third degree sexual assault is a Class G felony, which carries a prison sentence of up to 10 years and up to $25,000 in fines, or both; and
• Fourth degree sexual assault is a Class A misdemeanor, which carries a fine up to $10,000 and/or up to nine months in jail.

Why You Should Hire an Attorney

Sexual assault charges and convictions bear heavy legal and personal consequences, as stated above. You may even have to register as a sex offender, depending on the circumstances of your case. Another added consequence is that many municipalities now have ordinances restricting where a sex offender may reside.  In order to preserve your reputation and freedom, you should retain an attorney to assist in your defense.

In 1995, one man was tried by a jury, convicted of sexual assaulting a former co-worker and sentenced to 25 years imprisonment. During that case, the accuser identified the man as the attacker, even though the assailant wore a mask and never spoke during the incident. He claimed innocence.

Last month, a Racine County Circuit Court Judge overturned the man’s conviction and ordered a new trial, due to new evidence that arose in 2013, supporting his innocence. A rape kit taken from the accuser was submitted to the State Crime Lab for a DNA test in 2013 and it connected the DNA to another man, a serial rapist, who is serving time for an unrelated case.

Consult an Attorney

If you are facing sexual assault charges, you should immediately contact an experienced Milwaukee criminal defense attorney who will thoroughly investigate your case, vigorously advocate on your behalf, and fight each element of the prosecution’s case to ensure that you do not end up serving time in prison for a crime you did not commit.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/50

http://journaltimes.com//local/crime-and-courts/man-accused-in-attack-to-go-home-new-trial-ordered/article_650d47a9-a512-56be-b568-61f15e62830a.html