Wisconsin State Statutes recognize that sexual assaults occur under a variety of circumstances. Sexual assault includes both sexual intercourse and sexual contact. The penalty, or sentence, for sexual assault may include incarceration, a fine, probation, supervision, psychiatric counseling, and restitution.

First Degree Sexual Assault is a felony and includes:

• Sexual intercourse or sexual contact without consent which causes pregnancy or great bodily harm, or
• Sexual intercourse or sexual contact without consent accomplished by use or threat of use of a dangerous weapon, or
• Sexual intercourse or sexual contact without consent while aided or abetted by one or more persons through the use or threat of force or violence.

The penalty for first degree sexual assault is imprisonment not to exceed 20 years.

Second Degree Sexual Assault is a felony and includes:

• Sexual intercourse or sexual contact without consent through the use or threat of force or violence, or
• Sexual intercourse or sexual contact without consent which causes injury, illness, disease, or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or
• Sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient, or
• Sexual intercourse or sexual contact without consent while aided or abetted by one or more person, or
• Sexual intercourse or sexual contact with a person who is a patient or resident of an inpatient facility or a state treatment facility by a perpetrator who is an employee of that facility.

The penalty for second degree sexual assault is imprisonment not to exceed 10 years or a fine to not exceed $10,000, or both.

Third Degree Sexual Assault is a felony and is defined as sexual intercourse with a person without consent of that person. The penalty for third degree sexual assault is imprisonment not to exceed five years or a fine not to exceed $10,000, or both.

Fourth Degree Sexual Assault is a misdemeanor and is defined as sexual contact with a person without consent of that person. The penalty for fourth degree sexual assault is imprisonment not to exceed nine months or a fine not to exceed $10,000, or both.

Consent

The law defines the word “consent” as words or overt actions by a person indicating a freely given agreement to have sexual intercourse or sexual contact. People who have a mental illness or deficiency and people who are unconscious or physically unable to communicate are assumed to be incapable of consent, but that assumption can be challenged in court.

Sexual Intercourse

The definition of sexual intercourse has been expanded to include an intrusion, however slight, into a person’s genital or anal openings by any object or part of another person’s body, or oral-genital contact. This intrusion may be caused by the direct act of the assailant or may occur as a result of an act by a victim who is obeying the assailant’s instructions.

Sexual Contact

The law defines sexual contact as any intentional touching of the intimate parts of a person, either directly or through clothing, by any body part or by any object, if that intentional touching is for the purpose of sexually degrading or humiliating the victim, or for the sexual arousal or gratification of the assailant, or if the intentional touching contains the elements of actual or attempted battery.

Evidence of Victim’s Past Sexual Conduct

Wisconsin State Statute 972.11 prohibits the use of evidence of the victim’s past sexual conduct in court except in limited instances. Sexual conduct, by the law’s definition, means any conduct or behavior relating to sexual activities of the victim, including by not limited to prior experience of sexual intercourse or sexual contact, use of contraceptives, living arrangements and life-style.

A judge may allow evidence of a victim’s past sexual conduct for the following purposes: to show a victim’s past sexual conduct with the defendant; to show the source or origin of semen, pregnancy or disease only for use in determining the degree of sexual assault; to show prior untruthful allegations of sexual assault made by a victim, and any other reason a judge may find to be relevant to the case.

In addition, the defense attorney who wants to question a victim in any of these allowable areas of past sexual conduct must first petition the judge in a pre-trial motion. The judge will determine whether or not these questions can be asked in court.

Gender of Victim

The law makes no reference to the gender of either victim or assailant. Therefore, both female and male victims of sexual assault are protected by the law, and both female and male assailants can be prosecuted under the law.

Spouses

Marriage is not a bar to prosecution for sexual assault. A person may be prosecuted for sexually assaulting his or her spouse.

Sexual Assault of a Child

Wisconsin State Statute Chapter 948 includes sexual assault and all other crimes against children.

Sexual Intercourse With a Child Age 16 or Older - Sexual intercourse with a person 16 or 17 years old, that does not fall under first or second degree is a misdemeanor, the penalty for which is imprisonment not to exceed 9 months or a fine not to exceed $10,000, or both.

First Degree Sexual Assault of a Child is a felony and is defined as sexual intercourse or sexual contact with a child who has not attained the age of 13 years. The penalty for this crime is imprisonment not to exceed 20 years.

Second Degree Sexual Assault of a Child is a felony and is defined as sexual intercourse or sexual contact with a child who has not attained the age of 16 years. The penalty for this crime is imprisonment not to exceed 10 years or a fine not to exceed $10,000, or both.

• Reporting - What To Expect
• Taking It To Court
• Wisconsin's Sexual Assault Laws