What Is the Statute of Limitations on Sexual Assault?

The statute of limitations in a criminal case is the deadline by which an alleged victim must press charges. The statute of limitations on sexual assault cases depends upon the degree of assault that the accused faces.

Sexual assault charges are some of the most serious charges that a criminal defendant can face. In addition to incurring significant legal penalties upon conviction, the accused offender may also experience numerous collateral consequences that prevent them from getting a job, going to school, or finding a decent place to live. A court might also prohibit them from seeing their children.

If you are currently pending criminal sexual assault charges, the experienced attorneys at Cohen Law Offices are here to help. We can zealously defend you against your pending charge and help you obtain the best possible result in your case.

Degrees of Sexual Assault

Sexual assault typically involves sexual intercourse or contact between individuals that is non-consensual. Wisconsin classifies sexual assault in varying degrees based upon the seriousness of the contact. The first degree is the most serious form of sexual assault, while the fourth degree is the least serious — and incurs the least penalties upon conviction. 

The statute of limitations applicable to sexual assault cases depends upon the degree of sexual assault. In first-degree cases, there is no statute of limitations, meaning that the alleged victim does not have a deadline by which they must press charges against the accused individual.

For the less-serious second or third-degree sexual assault, the alleged victim must prosecute within ten years of the date on which the accused committed the offense. In the case of fourth-degree sexual assault, the alleged victim has three years to file charges against the accused.

Penalties for a Sexual Assault Conviction

To incur a penalty for criminal sexual assault, the state prosecutor handling your case will need to establish their legal burden of proof, meaning that they must establish all legal elements of the sexual assault charge beyond a reasonable doubt. Doing so can sometimes be a difficult burden for them to overcome, and if you can assert a strong legal defense, it might prevent the prosecutor from satisfying their burden.

If you are ultimately convicted on sexual assault charges, a sentencing judge will set the penalties in your case within the limits of the criminal statute. Potential penalties upon conviction may include jail time, high monetary fines, probation, and community service. Our skilled legal team can represent you at your sentencing hearing and work to lessen the legal and collateral consequences of your sexual assault conviction.

Speak to a Knowledgeable Sexual Assault Defense Attorney About Your Pending Case Today

At Cohen Law Offices, our skilled legal team can aggressively advocate for your interests while protecting your constitutional and legal rights. For a free case evaluation and consultation with a knowledgeable sexual assault defense lawyer, please call Cohen Law Offices today at (715) 382-9447 or contact us online for more information.