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Sexual Assault Charges in Wisconsin
In most states, unwanted sexual encounters committed by force or threat of force are generally classified as rape. However, Wisconsin law defines rape as sexual assault.
According to the Wisconsin Statistical Analysis Center, almost 50 percent of sexual assault victims are acquaintances with the alleged perpetrator. Thirteen percent occurs between family members, while nine percent are said to occur in relationships. Therefore, over 72 percent of the alleged sexual assaults that occurred in Wisconsin during 2013 involved individuals who were friends, acquaintances, relatives or in intimate relationships.
Four Degrees of Sexual Assault
Depending on the circumstances of your case, you could be facing first or fourth-degree sexual assault. First-degree sexual assault is a narrow category of crime that occurs when you are charged with having non-consensual sexual intercourse with another person and pregnancy or great bodily harm results. Also, when the allegations involve force or the threat of force with a dangerous weapon, the charges would also fall under this category.
Sexual assault in the second-degree is a broad category of claims that occur when the person assaulted lacked the mental capacity to consent to the sexual conduct. The victim lacks the mental capacity to consent to sexual conduct when the person is unconscious, drunk, drugged or suffering from mental diseases or disabilities.
Third-degree sexual assault occurs when you have non-consensual sexual intercourse or contact with another person. This is the form of sexual assault most commonly associated with rape.
Lastly, you could be charged with fourth-degree sexual assault, the broadest of all degrees, when any sort of sexual contact occurs without consent. Minors, individuals under the age of 18, cannot consent to sexual contact.
Punishments Related to Sexual Assault Charges
The punishments for sexual assault can include harsh and severe consequences. A first-degree sexual assault charge is considered Class B felony and could land you in jail for up to 60 years. The punishment for second-degree sexual assault, a Class C felony, lowers the max prison term to 40 years but you could also be fined up to $100,000.
On the other end of the spectrum are third- and fourth-degree sexual assaults. Third-degree sexual assault is a Class G felony that only carries up to 10 years imprisonment and fines up to $25,000 while fourth-degree sexual assault is a Class A misdemeanor which carries up to nine months in county jail with fines up to $10,000.
Always remember, if you are considered a repeat offender, you could face even more prison time and fines.
Don’t Become another Statistic
Sexual assault charges are very serious, and in some cases, you might be forced to register as a sex offender if you are convicted. You should not hesitate to contact an experienced Milwaukee criminal defense attorney if you are under investigation or being charged with sexual assault. Only an experienced attorney will be able to navigate the complicated waters of sexual assault and provide you with the skillful representation you need.
