Sex crimes against adults in Wisconsin

First degree sexual assault

In Wisconsin, first degree sexual assault occurs when a person has sexual contact or sexual intercourse without consent and causes pregnancy or "great bodily harm" or by use or threat of use of a dangerous weapon. A person who has sexual contact or sexual intercourse without consent by use or threat of use of force or violence and is aided or abetted by another has also committed first degree sexual assault.

Second degree sexual assault

In Wisconsin, a person who commits second degree sexual assault has committed a Class C felony. Second degree sexual assault occurs when a person has sexual contact or sexual intercourse without consent by use or threat of force or violence or causes "injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish."

Second degree sexual assault also occurs when a person has sexual contact or intercourse with a person whose mental illness or deficiency renders him or her "incapable of appraising the person's conduct," with a person who is incapable of giving consent because of intoxication or with a person who is unconscious.

Employees of certain facilities (adult family homes, community-based residential facilities, inpatient health agencies, state treatment facilities, child welfare agencies, personal care service providers and prisons, for example), are guilty of second degree sexual assault if they have sexual contact or intercourse with a resident, client or patient of such facility or agency.

Third degree sexual assault

Third degree sexual assault occurs when there is sexual intercourse without consent. It also third degree sexual assault if a person, without consent, has sexual contact with another while intentionally ejaculating or emitting urine or feces for the purpose of "sexually arousing or gratifying the defendant." Third degree sexual assault is a Class G felony.

Fourth degree sexual assault

Except for the cases described as third degree sexual assault, any nonconsensual sexual contact is fourth degree sexual assault. Fourth degree sexual assault is a Class A misdemeanor.

Speak to a criminal defense attorney

Allegations of sexual assault can have a profound impact on the rest of your life, including time in jail or prison, registration as a sex offender and other serious penalties. It can have a lifelong impact on your reputation and affect employment, educational and housing opportunities. It is important to take immediate action to protect your rights if you have been accused of a sex crime in Wisconsin. Do not delay in contacting an experienced criminal defense lawyer.