Statutory Rape Wisconsin: Discover Defenses Against Charge and Win in Wisconsin
In Wisconsin, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, “statutory” rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.
Statutory Rape Wisconsin: Statutory Rape Laws and Potential Penalties
Statutory rape is prosecuted under Wisconsin’s sexual assault laws. The penalties depend on the age of the parties and the type of sexual contact that occurred, as described below.
Statutory Rape Wisconsin: First-degree sexual assault of a child
Occurs when there is sexual contact (sexual touching, even over clothing, without penetration) or intercourse (sexual penetration, however slight, with an object or body part) between a minor younger than 13 and a defendant of any age. This offense is a class B felony, which incurs up to 60 years in prison. (Wis. Stat. §§ 939.50, 948.02 (2018).)
Statutory Rape Wisconsin: Second-degree sexual assault of a child
Occurs when there is sexual contact or intercourse between a minor age 13 to 15 and a defendant of any age unless the statute on underage sexual activity applies (below). Second-degree sexual assault of a child is a class C felony, which incurs a fine of up to $100,000, up to 40 years in prison, or both. (Wis. Stat. §§ 939.50, 948.02, 948.093 (2018).)
Repeat acts of first- or second-degree sexual assault of a child result in increased penalties. These enhanced penalties apply when someone commits three or more violations involving the same child. (Wis. Stat. § 948.025 (2018).)
Statutory Rape Wisconsin: Sexual intercourse with a child 16 or older
Occurs when there is sexual intercourse between a minor who is 16 or 17 and a defendant who is 19 or older (unless the defendant is the minor’s spouse, described below). This offense is a class A misdemeanor, which incurs a fine of up to $10,000, up to nine months in jail, or both. (Wis. Stat. §§ 939.51, 948.09 (2018).)
Statutory Rape Wisconsin: Underage sexual activity
Involves sexual contact between a 15-year-old minor and a defendant younger than 19 years of age or sexual intercourse between a minor who is 15, 16, or 17 years old and a defendant younger than 19 years of age. Underage sexual activity is a class A misdemeanor, and a conviction can result in a fine of up to $10,000, nine months in jail, or both. (Wis. Stat. §§ 939.51, 948.093 (2018).)
Statutory Rape Wisconsin: Sex Offender Registration
State law requires, in addition to the applicable fines and prison time, that people convicted or adjudicated delinquent of certain sexual crimes, including first- and second-degree sexual assault of a child, must register as sex offenders. However, Wisconsin law includes an exception to the registration requirement for certain underage offenders close in age, as long as the defendant did not use or threaten to use force or violence and the victim was 12 or older. A defendant who was younger than 19 at the time of the offense and no more than four years older than the victim can petition the court to be exempted from the sex offender registration requirements. (Wis. Stat. § 304.45 (2018).)
Statutory Rape Wisconsin: Chemical Castration
As a condition of parole, the parole commission may require that a “serious child sex offender” (someone who committed specified offenses against a child under 13 years of age) undergo chemical castration. (Wis. Stat. § 304.06(1q)(b) (2018).)
Statutory Rape Marital Exception
Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 years old and an adult spouse, even though their ages would prohibit it if they were not married. (Wis. Stat. §§ 948.09, 948.093 (2018).)
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 17-year-old willingly has sex with Tony, her 23-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen. This is because Wisconsin has a marital exemption to the state’s statutory rape laws.
However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.
Statutory Rape Wisconsin: Defenses to a Statutory Rape Charge
Defendants charged with statutory rape Wisconsin have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.”
Statutory Rape Wisconsin: Mistake of Age
Defendants accused of statutory rape Wisconsin often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was and that a reasonable person would have believed her. But in Wisconsin, even a reasonable mistake as to the victim’s age will not be a defense to a charge of statutory rape.
Statutory Rape Wisconsin: The “Romeo and Juliet” Exception
Many states have “Romeo and Juliet” exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment. In Wisconsin, there is a Romeo and Juliet exemption for consensual sexual contact between a 15-year-year old and someone younger than 19, or consensual sexual intercourse between a minor who is 15, 16, or 17 and someone younger than 19. However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense. The conduct is still illegal (unless the pair is married), but someone protected by this exception will face the possibility of smaller fines and reduced jail time. (Wis. Stat. § 948.093 (2018).)
Sexual contact with someone younger than 15, however, is always a felony, and a conviction can result in significant prison time, fines, or both.
Frequently Asked Questions about Statutory Rape Wisconsin
How long does a charge for statutory rape Wisconsin stay on your record?
Statutory rape Wisconsin is a serious felony that could lead to 40 years in prison, and that conviction is almost impossible to get removed from your record, even if a judge orders your record expunged.
How to reduce statutory rape Wisconsin penalties?
Whether you’re facing misdemeanor or Class B felony charges due to statutory rape, it’s important to find a criminal defense lawyer that’s knowledgeable and experienced in defending these types of charges.
King Tse, from Dahlberg Law Group, has gained the respect of legal circles and the public due to his history of reducing clients’ charges. King Tse is a well-respected criminal defense attorney you can trust. No matter what charge you are facing, the experts at Dahlberg Law Group give you the best chance to reduce your statutory rape charges.
For more information about the criminal process and laws, check out this resource. You can also access the circuit court to see what you are charged with here.
If you are trying to determine the legality of any kind of conduct or need legal guidance related to statutory rape, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly.
Contact lawyers at Dahlberg Law Group to help you with your statutory rape case today.
Statutory Rape Wisconsin: Sex Offender Registration
State law requires, in addition to the applicable fines and prison time, that people convicted or adjudicated delinquent of certain sexual crimes, including first- and second-degree sexual assault of a child, must register as sex offenders. However, Wisconsin law includes an exception to the registration requirement for certain underage offenders close in age, as long as the defendant did not use or threaten to use force or violence and the victim was 12 or older. A defendant who was younger than 19 at the time of the offense and no more than four years older than the victim can petition the court to be exempted from the sex offender registration requirements. (Wis. Stat. § 304.45 (2018).)
Frequently Asked Questions about Statutory Rape Wisconsin
Statutory Rape Wisconsin: How long does a statutory rape charge stay on your record in Wisconsin?
Statutory rape in Wisconsin is a serious felony that could lead to 40 years in prison, and that conviction is almost impossible to get removed from your record, even if a judge orders your record expunged.
Statutory Rape Wisconsin: How to reduce statutory rape penalties?
Whether you’re facing misdemeanor or Class B felony charges due to statutory rape, it’s important to find a criminal defense lawyer that’s knowledgeable and experienced in defending these types of charges.
King Tse, from Dahlberg Law Group, has gained the respect of legal circles and the public due to his history of reducing clients’ charges. King Tse is a well-respected criminal defense attorney you can trust. No matter what charge you are facing, the experts at Dahlberg Law Group give you the best chance to reduce your statutory rape charges.
For more information about the criminal process and laws, check out this resource. You can also access the circuit court to see what you are charged with here.
If you are trying to determine the legality of any kind of conduct or need legal guidance related to statutory rape, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly.
Contact lawyers at Dahlberg Law Group to help you with your statutory rape case today.
