sexual assault - rape - defense attorneys

Wisconsin Sexual Assault Crimes

Sexual assault was previously known as rape under Wisconsin's laws. Sexual assault varies in degrees depending on the nature and extent of sexual contact (or intercourse) involved in the assault.

1st degree sexual assault

Sexual assault in the first degree occurs when one (or more) people have sexual contact or intercourse with another person without consent. First degree sexual assault can also be charged when a battery or threat of force is used to assault another person sexually, or when the victim is pregnant as a result of the sexual assault. Any person who assists in the sexual assault can also be charged with first degree sexual assault. First degree sexual assault can also involve sexual assault of a minor child - see Sexual Assault of a Minor - Same Child Repeated Acts.

First degree sexual assault is a Class B felony, punishable by imprisonment for up to 60 years in a Wisconsin state penitentiary. The sentence can be increased for repeat offenses.

If the person who was raped lacks the mental ability to give consent, the prosecuting attorney will likely seek a first degree rape conviction. Mental incapacity can exist if the person is unconscious, such as if they are inebriated or drugged. All minors lack the capacity to give consent. Mental incapacity can also exist if a person has diminished capacity such as a person who is inflicted with Alzheimer’s.

2nd Degree Sexual Assault

Sexual assault in the second degree is a much broader category of sexual assault crimes. Second degree sexual assault is charged when a sexual assault occurs without permission (minors cannot give permission - see sexual assault of a minor), or involving battery or threat of force. If injury, disease, or mental anguish results from the sexual assault, if the person is known to be intoxicated or unconscious, if more than one person assist with the sexual assault, or if one of the persons (usually the victim) is a resident of a state prison, mental hospital, on probation or on parole from prison, the charge will likely be for second degree sexual assault.

Second degree sexual assault is a Class C felony offenses, punishable by imprisonment of up to 40 years in a state prison, fines of up to $100,000, or both.

3rd degree sexual assault

Sexual assault in the third degree is the crime most commonly known as rape. It involves having sexual intercourse or contact with another person without that person's consent.

In addition to a sexual assault, third degree sexual assault crimes can also involve lewd & lascivious behavior and obscene materials or obscene acts if performed for sexual gratification. (See also - obscene materials & conduct).

Third degree sexual assault is a Class G felony, punishable by imprisonment for up to 10 years, fines of up to $25,000, or both. Penalties can be increased for repeated offenses.

4th degree sexual assault

Sexual assault in the fourth degree occurs when any sexual contact is without permission. A minor cannot give permission for sexual contact. Fourth degree sexual assault is often referred to as molestation.

Fourth degree sexual assault is a Class A misdemeanor, punishable by up to 9 months in a local county jail, fines of up to $10,000, or both. Penalties can be increased for repeated offenses, and can include prison terms of up to 2 years.

sexual assault defenses

Whenever a person is accused of a sexual assault offenses, they should immediately seek legal counsel. Statements are quickly taken out of context, charges are quickly brought against anyone suspected of sexual assault, and all sexual assault cases are investigated - some to a greater and others to a lesser degree.

Free initial consultation

Attorney Jonas Bednarek has handled many sexual assault cases. He also offers a free initial consultation to anyone who under investigation, has been charged, or has been wrongly convicted or unfairly sentenced for a sexual assault conviction. To arrange a free initial consultation with Attorney Jonas Bednarek, please contact the office at 608.257.1680 or toll free at 1.877.219.8171.