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WHAT YOU NEED TO KNOW ABOUT WISCONSIN'S SEXUAL ASSAULT LAWS

Admin • May 16, 2018
Traumatic Sexual Assault — Eau Claire, WI — Cohen Law Offices
Sexual assault is one of the most heinous crimes in existence. It can be violent and traumatic for those who experience it. For this reason, each state has strict laws regarding sex crimes, Wisconsin included.

Wisconsin law forbids sexual assault with strict laws and penalties. The laws are intended to save lives and protect individuals who are attacked. Unfortunately, the law sometimes gets it wrong.

Many people are wrongly charged with sexual assault. With the right lawyer, you may be able to fight back against charges of sexual assault. Your first step? Understand the laws stacked up against you.

FIRST-DEGREE SEXUAL ASSAULT

This level of assault is considered the most serious and includes any sexual contact (including intercourse) without consent that results in serious injury, pregnancy, or involves a dangerous weapon. Sexual assault may also be charged as a first-degree offense if it involved threats of violence and multiple people.

This felony also applies to intercourse or contact with children under the age of 18 when a use of force or threat of violence is involved. This may be a Class A or Class B felony, depending on the circumstances. 

As the most serious level of assault, first-degree crimes come with the harshest penalties. This fact means that you need to act quickly to fight back against false allegations, or you could find yourself facing up against life imprisonment.

SECOND-DEGREE SEXUAL ASSAULT

Second-degree sexual assault includes sexual contact and involves threats of violence, use of force, injury, mental anguish, intoxication, inability to consent, and multiple perpetrators. This is a Class C felony.

Second-degree assault also encompasses employees of care facilities engaging in sexual conduct with patients, as well as employees of treatment centers and foster homes engaging in sexual contact with clients or residents. Correctional and probation officers are also prohibited from engaging in sex with inmates or individuals they supervise who are on parole or probation.

THIRD-DEGREE SEXUAL ASSAULT

This type of sexual assault refers to ejaculation, urination, or bowel movements on the victim's body with the intention of humiliation for the victim or sexual gratification for the perpetrator. This could include assault in public that involves exposure and groping. Third-degree sexual assault may be deemed a Class G felony.

FOURTH-DEGREE SEXUAL ASSAULT

This level of assault involves non-consensual touching of another individual, including touching intimate body parts. This crime is also commonly referred to as molestation. In most cases, this type of assault is considered a Class A misdemeanor.

PENALTIES FOR SEXUAL ASSAULT

If you are charged with sexual assault, you may face imprisonment ranging from nine months to life. You may also face financial penalties ranging from $10,000 to $100,000.

Part of your sexual assault conviction could mean being listed on the national sex offender registry. People who search the registry will be able to see your residence, photo, and information about why you are on the list.

DEFENSE AGAINST SEXUAL ASSAULT CHARGES

You have the right to defend yourself against allegations of sexual assault. When you are up against such steep consequences, you absolutely must defend yourself.

One common defense against these charges is to argue that consent was issued. You may be able to prove that the individual consented to sexual contact.
You may also argue that you are being confused with another individual. You may have an alibi and evidence that you could not be the perpetrator of the crime.

The first step you need to take when you are charged with any crime, including sexual assault, is to hire a defense attorney. Cohen Law Offices offers legal assistance for individuals facing sexual assault charges in Wisconsin. Call for a consultation with one of our top-notch lawyers.
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