Types of Sex Crimes in Wisconsin
There are many types of sex crimes in Wisconsin with corresponding criminal consequences. Although we have separately listed First-Degree Sexual Assault and Second-Degree Sexual Assault in separate parts of our website, there are numerous other criminal charges, including Third-Degree Sexual Assault, Fourth-Degree Sexual Assault, and Sexual Intercourse With A Child 16 or Older, among others.
Third-Degree Sexual Assault
Third-Degree Sexual Assault is a Class G Felony with a maximum sentence of up to 10 years in prison and/or a $25,000.00 fine if convicted. To prove you guilty of Third-Degree Sexual Assault, the State must prove beyond a reasonable doubt that you: (1) had sexual intercourse with another adult person; and (2) that the person did not consent to the sexual intercourse. The term “did not consent” means that the person did not freely agree to the sexual intercourse, which is determined by all of their acts and words that can demonstrate whether or not they consented.
Fourth-Degree Sexual Assault
Fourth-Degree Sexual Assault is a Class A Misdemeanor with a maximum sentence of up to 9 months in jail and/or a $10,000.00 fine if convicted. Similar to Third-Degree Sexual Assault, to prove you guilty of Fourth-Degree Sexual Assault, the State must prove beyond a reasonable doubt that you: (1) had sexual contact with another adult person; and (2) that the person did not consent to the sexual contact.
The term “sexual contact” generally means that you: (1) touched the other person’s intimate body part for the purpose of sexual arousal or degradation of that person, or to cause bodily harm to that person; or (2) forced the other person to touch your intimate body part for the purpose of sexual arousal or degradation of that person. The touching can happen over or underneath clothing.
Sexual Intercourse With a Child Aged 16 or Older
Sexual Intercourse With A Child Aged 16 Years or Older is a Class A Misdemeanor with a maximum sentence of up to 9 months in jail and/or a $10,000.00 fine if convicted. To convict you of this offense, the State must prove beyond a reasonable doubt that: (1) you had sexual intercourse with another person; and (2) at the time, that person was 16–17 years old.
The Sex Offender Registry
A major concern for individuals charged with sex-related crimes is being placed on the Sex Offender Registry. In Wisconsin, there are two options for registration: either (1) for lifetime; or (2) for 15 years after completing probation or extended supervision. Even if an individual is not placed on the Sex Offender Registry, he or she is often required to follow sex offender rules on probation or extended supervision. These rules can be extremely strict and can significantly change a person’s quality of life.
Similarly, when an individual is convicted of a sex offense, he or she may face legally-allowable employment and housing discrimination. In Wisconsin, individuals convicted of sex offenses cannot live in certain areas and can be denied employment, particularly in cases alleging Sexual Assault of a Child.
Defenses to Sex Crime Charges
There are many potential defenses in sex-related criminal cases, and each defense depends on the facts of the case. Unfortunately, individuals have been wrongfully accused of sexual assault based on incorrect eyewitness identification problems, memory contamination problems, and false accusations rooted in improper motives — such as following a breakup, to prevent a significant other from learning about infidelity, or to prevent a parent from finding out that they are sexually active.
It has also become increasingly common for individuals with certain mental health and/or substance abuse issues to make false accusations at higher rates. For example, in a professional article written by Jessica Engle and Dr. William O’Donahue from the University of Nevada in the March 2012 publication of the Journal of Forensic Psychology Practice titled “Pathways to False Allegations of Sexual Assault,” borderline personality disorder (BPD) was identified as a specific mental health issue associated with a higher percentage of false allegations. The authors concluded that “individuals with BPD may represent a ‘perfect storm’ of symptoms in which an individual makes a false allegation of sexual assault.” Other authors have noted that “pseudologia fantastica, or pathological lying, is a common feature of patients with Borderline Personality Disorder (BPD).” Am J Psychiatry 143:1287–9, 1986.
That does not mean that every claim of a sex crime made by an individual diagnosed with Borderline Personality Disorder is false. However, scientific research and professional experience allow the attorneys at our firm to carefully evaluate each factor that affects a potential defense.
Contact a Wisconsin Sex Crimes Defense Attorney
Our firm has a history of successfully defending individuals accused of serious sex crimes by carefully evaluating every facet of the case and hiring leading experts — including psychologists, forensic scientists, and other specialists — to collaborate in forming the best possible defense for our clients. Contact our firm to set up a consultation with one of our attorneys to discuss the facts of your case.
