Sexual Assault Laws
Van Wagner & Wood, S.C.
Sexual Assault Defense Lawyers Wisconsin
Definition of sexual assault crime
Under Wisconsin Law, Sexual Assault is defined as any sexual contact or sexual intercourse with another person without consent.
Wisconsin laws define sexual contact as any contact of a sexual nature between two people.
A sexual assault involving only sexual contact provides lesser penalties than a sexual assault involving intercourse.
Sexual assault convictions involving force or threat of force during the assault, resulting in pregnancy, or involving more than one assailant (also known as gang rape) will result in increased penalties.
rape - sexual assault laws degrees
First-degree sexual assault
Under Wisconsin law, 1st Degree Sexual Assault is a Class B Felony subject to the penalties for a Class B Felony.
First degree sexual assault is defined by Wisconsin law (WI Stat 940.225) as any of the following criminal acts:
Sexual contact or sexual intercourse with another person without consent of that person and causing great bodily harm or impregnation; or
Sexual contact or sexual intercourse with another person without consent by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon; or
Aiding or abetting by one or more other persons and having sexual contact or sexual intercourse with another without consent by use or threat of use of force or violence.
Sexual assault of a minor child can also be charged as a 1st degree sexual assault crime.
Second-degree sexual assault
Wisconsin law defines second degree sexual assault as any of the following criminal acts:
Sexual contact or sexual intercourse with another person without consent by use or threat of force or violence; or
Sexual contact or sexual intercourse with another person without consent and causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric case for the victim; or
Sexual contact or sexual intercourse with a person known to be intoxicated, known to be unconscious, or known to suffer from diminished capacities of any sort that temporarily or permanently render the victim incapable of understanding the consequences of such conduct; or
Sexual contact or sexual intercourse with another person without consent and with the assistance of one or more other persons; or
Is an employee of a medical facility or program and has sexual contact or sexual intercourse with a resident patient; or
Is an employee of the department of corrections and has sexual contact or sexual intercourse with an inmate, unless the inmate is incarcerated for a sex crime; or
Is an employee who supervises an individual on probation, parole, or extended supervision with whom sexual contact or sexual intercourse occurs, unless the person on probation, parole or extended supervision is subject to conviction for sexual assault.
Under Wisconsin law, 2nd Degree Sexual Assault is a Class C Felony and subject to the penalties of a Class C Felony.
Third Degree Sexual Assault - Rape
Third degree sexual assault is rape. Wisconsin law defines third degree sexual assault as sexual intercourse with a person without consent of that person. Third degree sexual assault also occurs if a person intentionally ejaculates, urinates, or defecates upon any part of the body clothed or unclothed of the victim if such act was intended for purposes of sexual degradation, sexual humiliation, sexual arousal, or sexual gratification.
Under Wisconsin law, 3rd Degree Sexual Assault is a Class G Felony and subject to the penalties of a Class G Felony.
Fourth-degree Sexual Assault
Fourth-degree sexual assault is often called molestation; it is nonconsensual sexual contact with another person.
Under Wisconsin law, 4th Degree Sexual Assault is a Class A Misdemeanor.
Child Cannot Give Consent
Under Wisconsin law, a minor is incapable of giving consent to have sexual contact or sexual intercourse with another person. An adult can give consent. Wisconsin law provides that consent can be given by an adult through express words or overt actions by a person competent to give consent. A person who suffers from a mental defect, diminished capacity, or who is unconscious is presumed incapable of giving consent.
Sexual assault crimes are perhaps the easiest crime to accuse a person of committing and the hardest crime to disprove. A sexual encounter, a rendezvous, or a secret relationship between adults gone awry can result in false allegations of sexual assault charges. And the result of a conviction can be a Misdemeanor, or a Felony if force or threat of force are alleged. A Felony sexual assault charge will result in serious penalties. A jealous teen or attention-seeking child can allege a sexual assault, and under the laws of Wisconsin, that assault will be investigated without consideration for the effects upon the falsely accused adult. Once the sexual assault charge is alleged, any evidence of a sexual assault, whether that evidence was caused by the alleged perpetrator or another becomes fuel for the prosecuting attorney's case.
Granted, there are people who sexually assault children and adults. Both men and women can be sex offenders. And there are people who want and need help to refrain from activities leading to sexual assaults. Those people usually desire a settlement offer (also known as a plea agreement) to mitigate the judicial system's harshest penalties to tolerable probation restrictions with mental health care.
But those who are falsely accused of sexual assault and did not assault the alleged victim stand to face charges leading to Felony conviction with prison sentences, fines, probation, lifetime sex offender registration, and lifetime sex offender supervision.
Anyone accused of a sex crime should take the accusation very seriously. The consequences of a sex crime conviction can devastate a person's family, financial security, current employment and future career, as well as dictate where a person may or may not reside.
Sexual Assault Acquittals (Not Guilty Verdicts)
Van Wagner & Wood's criminal defense attorneys have won numerous outright acquittals for their clients in cases involving overwhelming evidence that other attorneys thought were impossible to win.
Recently, Attorney Christopher Van Wagner won an outright acquittal by a jury in a trial for his client who was falsely accused of three counts of Second Degree Sexual Assault and Repeated Acts of Sexual Assault With Same Child. Sexual Assault charges were brought in 2007; the case was tried in 2009. The jury deliberated for about three hours and acquitted Scott Ramker of Colby, Wisconsin of any wrongdoing.
Attorney Christopher Van Wagner won an acquittal for his client who was charged with multiple counts of sexual assault. In that case, the defendant was from a small town, the jury was comprised of members of his community, and the victim was his grandchild. For five days, the prosecuting attorney belabored over medical evidence proving a sexual assault of a child had occurred. The Crawford County courtroom filled with relatives on both sides. Under any other circumstances, emotions would battle logic, but Christopher Van Wagner effectively focused the jury on the evidence. The verdict - not guilty on all counts.
Regardless of the charge,
Van Wagner & Wood Will Defend You
Regardless of the charges against you, the criminal defense attorneys at Van Wagner & Wood will defend you. While there are no guarantees, when you place your trust in the hands of Van Wagner & Wood's attorneys, you can rest assured that you have done all that you can to ensure the best possible outcome.
Van Wagner & Wood defends people against sexual assault charges throughout the state of Wisconsin, most frequently in Madison, Eau Claire, La Crosse, Appleton, Stevens Point and Waukesha, Wisconsin. They also handle cases in Green Bay and Milwaukee.
Contact Van Wagner & Wood - Free Initial
If you are a suspect in a sexual assault crime, if you have been charged with sexual assault, or if you have already been convicted and believe your conviction or sentence were wrong, please contact the attorneys at Van Wagner & Wood right away for a free straightforward first-impression analysis of your case and how the law might affect you.
For a free initial "first-impression" analysis of your case, 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.
Child Sexual Assault | Repeated Acts | Child Pornography | Enticement |
Incest | Solicitation | Lewd & Lascivious Behavior | Obscenities | Pandering |
Prostitution | Public Fornication | Rape | Felony Charges | Misdemeanor Charges |
Lifetime Supervision | Probation | Sex Offender Registry |
Wisconsin criminal defense attorney Christopher Van Wagner and attorney Tracey Wood defend people accused, arrested or convicted of a sex crime in Wisconsin including sexual assault of an adult or minor child, sex offenders, sexual predators, multiple counts and repeated acts. Van Wagner & Wood exclusively devotes its law practice to criminal defense.
The information above provides general summations of Wisconsin's sex crime laws. It is not nor is it intended to be legal advice, and it cannot begin to explain the many intricacies of the legal system and the powerful impact of a sexual assault conviction. If you are under investigation for a sexual assault, if you have been arrested and charged with sexual assault, or if you have previously been convicted of a sexual assault and want to appeal or challenge the conviction or sentence, please contact the attorneys at Van Wagner & Wood right away. Those attorneys will give you a very straightforward honest opinion of how the law might affect you and the case against you in a free brief and professional first-impression analysis so that you can take the steps necessary for your defense. [Contact Van Wagner & Wood's attorneys] [Review VWW Record]