What is Statutory Rape?

Statutory rape is a serious crime to be accused of, and overcoming such this type of charge requires a skilled defense attorney dedicated to protecting your rights and proving your innocence. 

Generally, statutory rape is defined as an adult over the age of 18 years old engaging in sexual conduct with another person who is under the age of 18, even when there is consent. In Wisconsin, a person who commits the crime of statutory rape is prosecuted under sexual assault laws. Whether the crime is classified as a misdemeanor or a felony is dependent upon the sexual conduct that occurred and the age of the minor. This classification, in turn, affects the sentence of the perpetrator.

Punishments for sexual assault crimes can include significant imprisonment terms and fines, and registration as a sex offender. Because of these potentially serious and life-changing consequences, it's critical for anyone accused of statutory rape to retain an attorney at the Cohen Law Offices immediately.

Defenses to Statutory Rape

Marital Exception 

There is an exception to this general law where a minor who is married to a person who is of the age of majority gives consent to the sexual conduct. Even where the law would otherwise prohibit sexual conduct between the individuals, Wisconsin has carved out this exception for legally married couples. However, this exception only applies where the minor is 15, 16, or 17 years old. 

“Romeo and Juliet” Exception 

This exception involves a minor who is 15, 16, or 17, and someone is under 19 years old. It takes into consideration the proximity in the age of the teenagers who consented to sex and forms a basis for a lighter punishment. While it does not relieve the perpetrator of all punishment, this exception changes the crime from felony sexual assault to a misdemeanor. The person whose alleged crime falls under this exception is subject to a shorter time of imprisonment and smaller fines.

Mistake of Age is Not a Defense to Statutory Rape

Often, when a person is accused of statutory rape, he or she attempts to provide a mistake of age defense. It is important to know that not knowing the age of the minor with whom a person over 18 has had sex is never a defense to a statutory rape charge.

Have You Been Charged with Statutory Rape?

If you have been accused of statutory rape, call the sexual assault attorneys of the Cohen Law Offices at (715) 514-5051 today. The experienced lawyers of the Cohen Law Offices understand how serious a sexual assault charge is and the ramifications of a wrongful conviction. Our attorneys will help you understand statutory rape laws in Wisconsin and whether you’ve even committed the crime. 

We know that defending a statutory rape charge requires dedication to defending your rights and a thorough knowledge of the laws and the defenses available to you. Our lawyers work diligently to ensure that every case we handle is resolved as favorably as possible.