Sex Assault Of A Minor Child

Sexual Assault Defense Attorneys Van Wagner & Wood
Madison WI law firm representing people across Wisconsin

Under Wisconsin laws, Sexual Assault Of Child is any sexual assault or contact of a sexual nature of a minor child under the age of 18 years. The crime of Sexual Assault Of Child is classified into degrees, with varying penalties for a conviction.

First Degree Sexual Assault Of a Minor Child

A person accused and convicted for having sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of first-degree sexual assault of a minor child, a Class B felony. Wisconsin statute: WI Stat 948.02(1)

Second Degree Sexual Assault Of A Minor Child

A person accused and convicted for having sexual contact or sexual intercourse with a person who has attained the age of 13 years, but has not attained the age of 16 years is guilty of second-degree sexual assault of a minor child, a Class C felony. (WI Stat 948.02(2))

Sexual Intercourse With A Child Age 16 Or Older

A person accused and convicted of having sex with a minor child who is at least 16 years of age and not yet 18 years of age, but is not the defendant's spouse is guilty of sexual intercourse with a minor child of at least 16 years of age, a Class A misdemeanor under Wisconsin law (WI Stat 948.09).

Failure To Act To Prevent Child Sexual Assault

If a person who is responsible for the welfare of a minor child who is under the age of 16 years knows that another person intends to have, is having, or has had sexual intercourse or sexual contact with the minor child fails to act to prevent the intercourse or sexual contact from occurring or being repeated, then the caregiver may be charged with failure to act to prevent a sexual assault upon a child. In order for the state to convict the caregiver, the state's attorney must prove that the caregiver was emotionally and physically able to act, that the action would have prevented the intercourse or contact from taking place or being repeated, and that the failure to act exposed the child to an unreasonable risk of sexual intercourse or sexual contact with the other person, unless the state's attorney can prove that the caregiver facilitated the sexual intercourse or sexual contact. Failure to act to prevent child sexual assault is a Class F felony.

Recent Trial Victories:
Not Guilty Multiple Counts of First Degree Sexual Assault of a Child
Not Guilty Second Degree Sexual Assault
Not Guilty Second Degree Sexual Assault, Repeated Acts of Sexual Assault
Not Guilty Felony BC Sexual Assault Of Unconscious Victim
Probation Instead Of 10-year Prison Sentence

Repeated Acts of Sexual Assault Of The Same Child

Under Wisconsin law (WI Stat 948.025), any person who is convicted of committing at least three sexual assault upon a minor child violations during the period of time specified in the charge complaint, and at least three of the sexual assaults are proven to have been sexual assault in the first degree, then the convicted felon is subject to the penalties provided for a Class B felony. If the conviction is for fewer than three first-degree sexual assault upon a minor child violations, then the penalties for a Class C felony apply.

Jury Trial Of Repeated Acts of Sexual Assault Of The Same Child

If the defendant is tried for repeated acts of sexual assault of the same child before a jury trial, the jury must unanimously agree upon the fact that at least three of the first degree sexual assault violations occurred within the time specified in the charge complaint, but they need not agree upon which three violations meet the requisite number.

Legal Marriage Cannot Bar Prosecution

In some states, a legal marriage between the person accused of sexual assault and the victim forms a presumption under the law that bars the state from charging the spouse with sexual assault. Wisconsin law does not recognize that presumption. Under Wisconsin law, sexual assault charges will not be withheld against a person alleged to have sexually assaulted another simply because that person is the victim's spouse.

Death Does Not Bar Prosecution

Under Wisconsin law, a person can be charged with sexual assault of a person who is dead at the time that the sexual intercourse or sexual contact occurred.

Consensual Sex With A Minor

Under Wisconsin law, a minor is any person under the age of 18 years. Wisconsin law provides that a minor lacks the capacity to give his or her consent to have sex or sexual relations with another person, even if the other person is also a minor.

Nonconsensual Sex With A Minor

Any sexual contact or conduct with a minor is without consent because Wisconsin law provides that no minor can give his or her consent to have any type of sexual contact or sexual intercourse with another person, whether the other person is a minor or an adult.

False Accusations Of Sex With A Minor

Wisconsin law does not punish a person who makes a false sexual assault accusation against another person. In fact, under Wisconsin law, all complaints alleging sex with a minor must be investigated. If the investigator has reason to believe that a sexual assault occurred, then charges must be brought as quickly as possible. That's the law.

When false accusations are alleged against an adult, the effects of those accusations can last a lifetime, even if the charges are quickly dropped. Once a sexual assault charge is begun, the charge becomes a matter of public record. That record is open for viewing by the public, including your employer, banks, neighbors, schools, and church.

Acquittal (Not Guilty) First Degree Sexual Assault

In State of Wisconsin vs. Frank Pintz, the state accused Mr. Pintz of having committed repeated acts of sexual assault upon a child, in fact his granddaughter. The prosecuting attorney claimed he would provide the jury with overwhelming evidence of sexual assault. After 5 days of testimony and evidence, Attorney Christopher Van Wagner asked the jury to look beyond the emotions to the evidence of the case. The jury returned a not guilty verdict. [State of Wisconsin vs. Pintz]

Challenge To Sentence For Failure To Prevent Won

In State of Wisconsin vs. Diane Mattsen, a child care provider charged and convicted for failing to prevent criminal sexual assault upon a child, Attorney Tracey Wood challenged the state's 10-year prison sentence. The Circuit Court of Wisconsin reversed itself and sentenced Mattsen to probation at home with her children, rather than the cell of a state prison. [State vs. Mattsen]

When To Hire A Criminal Defense Attorney

If you believe that you are under investigation for sexual assault or sexual assault of a minor child, please contact the attorneys at Van Wagner & Wood right away. By taking quick proactive steps towards defending yourself from false accusations, your chances are much better for a favorable outcome, and you may be able to avoid an otherwise very costly and embarrassing ordeal that undoubtedly can effect your residence, job and daily activities.

Free First-Impression Analysis

Van Wagner & Wood's criminal defense attorneys offer a free initial consultation to people who are under investigation or have been charged (or convicted) of a sexual assault. Please call ( in the Madison area, or statewide) the attorneys at Van Wagner & Wood for a brief but professional free first-impression analysis of your case. You can also send your case information online, or email the attorneys.

Related Information:
Sexual Gratification | Sexual Assault | Felony | Lifetime Supervision | Sex Offenders
Sex Crimes | Rape | Attorney Christopher Van Wagner | Attorney Tracey Wood