Changes to Wisconsin’s Sexual Assault Laws Could Be on the Way

 Posted on December 00,0000 in Criminal Defense

Current law defines sexual assault (at minimum) as any intentional, non-consensual sexual touching of intimate parts, directly or through clothing, for the purpose of sexual gratification or victim humiliation. Some lawmakers are looking to make changes to that law that would greatly alter the definition of touching. It would also further restrict who is allowed to give consent in any given situation.

In tandem to those proposed changes, lawmakers in Wisconsin recently introduced a new bill that is designed to provide protections to underage assault victims. Both measures are intended to mostly target college campus and high school sexual assault crimes, but the implications have a much wider net with a penalty that could impose charges, even if no intent exists.

Affirmative Consent, Touching, and the Physically Disabled

Quietly, and largely without the knowledge of the public, the American Law Institute is seeking to revise portions of the sexual assault laws in America. If successful, matters like consent and touching would be altered to the point that even a sudden, non-consensual romantic embrace could be considered assault. The original draft also altered statutory rape in a way that it could have excluded the consensual abilities of anyone who is physically disabled or on any substance, including those on prescription drugs for conditions like depression, anxiety, or ADHD.

No Charges for Underage Victims

Although police departments and colleges rarely discipline sexual assault victims for being intoxicated, a recently proposed Wisconsin bill would have that amnesty clause written into law. Lawmakers hope that the new bill could eliminate the fear of consequence for victims and improve the reporting rate of sexual assault crimes. There are, however, shortcomings with the new bill that may not be immediately considered by lawmakers, especially if it were paired with the proposed changes to the definition of sexual assault.

Facing Sexual Assault Charges? Seek Experienced Legal Representation

One of the biggest mistakes people make when they are arrested is to assume that they can talk their way out of charges by being honest or cooperating with the law. But everything you say is open to interpretation, and it can easily be used to convict you of a crime. Protect your rights and never answer any questions without the guidance of experienced legal counsel.

The experienced Milwaukee criminal defense attorneys of Gimbel, Reilly, Guerin & Brown, LLP have more than four decades of experience in representing those facing sexual assault charges. Recognized as one of the best trial and litigation firms in the state, our firm is built upon a strong base of knowledgeable attorneys that can help advise you of your rights and help you pursue the best option for your particular situation. To learn more, call 414-271-1440 today and schedule your consultation.

Sources:

http://startribune.com/bill-would-provide-amnesty-for-sexual-assault-victims/366437931/

http://thecollegefix.com/post/25983/