Sexual Assault
Van Wagner & Wood, S.C.
Sexual Assault Defense Lawyers Wisconsin
Definition of sexual assault
Under Wisconsin Laws, Sexual Assault is defined as any sexual
contact or sexual intercourse
with another person without consent.
Sexual Contact
Wisconsin laws define sexual contact as any contact of a sexual nature between two people.
Lesser Penalty
A sexual assault involving only sexual contact provides lesser penalties than a sexual assault
involving intercourse.
Increased penalty
Sexual assault convictions involving
force or threat of force during the assault, resulting in pregnancy, or
involving more than one assailant (also known as gang rape) will
result in increased penalties.
Sexual Assault Wisconsin Laws - rape
First-degree sexual assault
A person who is accused of and convicted for first-degree
sexual assault is guilty of a Class B felony
and subject to the penalties for a Class
B felony.
First degree sexual assault is defined by Wisconsin law
(WI Stat 940.225) as any of the following criminal acts:
Sexual contact or sexual intercourse with another person
without consent of that person and causing great bodily harm or impregnation;
or
Sexual contact or sexual intercourse with another person
without consent by use or threat of use of a dangerous weapon or any article
used or fashioned in a manner to lead the victim reasonably to believe
it to be a dangerous weapon; or
Aiding or abetting by one or more other persons and having
sexual contact or sexual intercourse with another without consent by use
or threat of use of force or violence.
Second-degree sexual assault
A person accused and convicted of second degree sexual assault
is guilty of a Class C felony and subject to
the penalties of a Class C felony.
Wisconsin law defines second degree sexual assault as any
of the following criminal acts:
Sexual contact or sexual intercourse with another person
without consent by use or threat of force or violence; or
Sexual contact or sexual intercourse with another person
without consent and causing injury, illness, disease or impairment of
a sexual or reproductive organ, or mental anguish requiring psychiatric
case for the victim; or
Sexual contact or sexual intercourse with a person known
to be intoxicated, known to be unconscious, or known to suffer from diminished
capacities of any sort that temporarily or permanently render the
victim incapable of understanding the consequences of such conduct; or
Sexual contact or sexual intercourse with another person
without consent and with the assistance of one or more other persons;
or
Is an employee of a medical facility or program and has
sexual contact or sexual intercourse with a resident patient; or
Is an employee of the department of corrections and has
sexual contact or sexual intercourse with an inmate, unless the inmate
is incarcerated for a sex crime; or
Is an employee who supervises an individual on probation,
parole, or extended supervision with whom sexual contact or sexual intercourse
occurs, unless the person on probation, parole or extended supervision
is subject to conviction for sexual assault.
Third-degree sexual assault
A person who is accused, charged and convicted of third
degree sexual assault is guilty of a Class G felony
and subject to the penalties of a Class
G felony.
Third degree sexual assault is rape. Wisconsin law defines
third degree sexual assault as sexual intercourse with a person without
consent of that person. Third degree sexual assault also occurs if a person
intentionally ejaculates, urinates, or defecates upon any part of the
body clothed or unclosed of the victim if such act was intended for purposes
of sexual degradation, sexual humiliation, sexual
arousal, or sexual gratification.
Fourth-degree Sexual Assault
A person who is accused, charged and convicted of fourth-degree
sexual assault is guilty of a Class A misdemeanor.
Fourth-degree sexual assault is often called molestation;
it is nonconsensual sexual contact with another person.
Consent
Under Wisconsin law, a minor is incapable of giving consent
to have sexual contact or sexual intercourse with another person. An adult
can give consent. Wisconsin law provides that consent can be given by
an adult through express words or overt actions by a person competent
to give consent. A person who suffers from a mental defect, diminished
capacity, or who is unconscious is presumed incapable of giving consent.
Sexual
assault crimes are perhaps the easiest crime to accuse a person of
committing and the hardest crime to disprove. A sexual encounter, a rendezvous,
or a secret relationship between adults gone awry can result in false
allegations of sexual assault charges. And the result of a conviction can be a misdemeanor, or a felony if force or threat of force are alleged. A felony sexual assault charge will result in serious
penalties. A jealous teen or attention-seeking
child can allege a sexual assault,
and under the laws of Wisconsin, that assault will be investigated without
consideration for the effects upon the falsely accused adult. Once the
sexual assault charge is alleged, any evidence of a sexual assault, whether
that evidence was caused by the alleged perpetrator or another becomes fuel for the prosecuting attorney's case.
Granted, there are people who sexually
assault children and adults. Both men and women can be sex
offenders. And there are people who want and need help to refrain
from activities leading to sexual assaults. Those people usually desire
a settlement offer (also known as a plea
agreement) to mitigate the judicial system's harshest penalties to
tolerable probation restrictions with mental
health care.
But those who are falsely
accused of sexual assault and did not assault the alleged victim stand
to face charges leading to felony conviction with prison sentences, fines, probation, lifetime
sex offender registration, and lifetime sex offender supervision.
Anyone accused of a sex crime should take the accusation very seriously. The consequences of a sex
crime conviction can devastate a person's family, financial security,
current employment and future career, as well as dictate where a person
may or may not reside.
Sexual Assault Acquittals (Not Guilty Verdicts)
Van Wagner & Wood's criminal defense attorneys have
won numerous outright acquittals for their clients in cases involving
overwhelming evidence that other attorneys thought were impossible to
win.
Recently, Attorney Chris Van Wagner won an acquittal for
his client who was charged with multiple counts of sexual assault. In
that case, the defendant was from a small town, the jury was comprised
of members of his community, and the victim was his grandchild. For five
days, the prosecuting attorney belabored over medical evidence proving
a sexual assault had occurred. The Crawford County courtroom filled with
relatives on both sides. Under any other circumstances, emotions would
battle logic, but Chris Van Wagner effectively focused the jury on the
evidence. The verdict - not guilty on all counts.
Regardless of the charge,
Van Wagner & Wood Will Defend You
Regardless of the charges against you, the criminal
defense attorneys at Van Wagner & Wood will defend you. While
there are no guarantees, when you place your trust in the hands of Van
Wagner & Wood's attorneys, you can rest assured that you have done
all that you can to ensure the best possible outcome.
Contact Van Wagner & Wood - Free Initial
If you are a suspect in a sexual assault crime, if you have
been charged with sexual assault, or if you have already been convicted
and believe your conviction or sentence were wrong, please contact the
attorneys at Van Wagner & Wood right away for a free straightforward
first-impression analysis of your case and how the law might affect you.
For a free initial "first-impression" analysis of your case, please call 1-866-262-4599
or (608) 284-1200, e-mail the attorneys or send your questions via an online form for a return telephone call or e-mail.
See Also:
Child Sexual Assault | Repeated Acts | Child Pornography | Enticement |
Incest | Solicitation | Lewd & Lascivious Behavior | Obscenities | Pandering |
Prostitution | Public Fornication | Rape | Felony Charges | Misdemeanor Charges |
Lifetime Supervision | Probation | Sex Offender Registry
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Wisconsin criminal defense attorney Christopher Van Wagner (Chris VanWagner) and attorney Tracey Wood defend people accused, arrested or convicted of a sex crime in Wisconsin including sexual assault of an adult or minor child, sex offenders, sexual predators, multiple counts and repeated acts. Van Wagner & Wood exclusively devotes its law practice to criminal defense.
The information above provides general summations of Wisconsin's sex crime laws. It is not nor is it intended
to be legal advice, and it cannot begin to explain the many intricacies
of the legal system and the powerful impact of a sexual assault conviction.
If you are under investigation for a sexual assault,
if you have been arrested and charged with sexual assault, or if you have previously been convicted of a
sexual assault and want to appeal or challenge the
conviction or sentence, please contact the
attorneys at Van Wagner & Wood right away. Those attorneys will
give you a very straightforward honest opinion of how the law might affect
you and the case against you in a free brief and professional first-impression
analysis so that you can take the steps necessary for your defense. [Contact
Van Wagner & Wood's attorneys] [Review
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