Being accused of sexual assault in Dane County can leave you with a lot of questions and uncertainty about what happens next. In Wisconsin, Fourth-Degree Sexual Assault typically involves sexual contact without consent or contact with someone who cannot legally give consent. Even a first-time misdemeanor offense can carry jail time and fines, and sometimes even worse, a devastating blow to your reputation, employability, and in some cases can land you on the Sex Offender Registry.
We take these cases extremely seriously for these and a number of other reasons. One of these reasons is that we hear stories from our clients about how cases alleging false allegations of sexual assault have destroyed their lives even if they are ultimately found not guilty of the charges. In many cases, our clients have confided in us that they were seriously contemplating ending their life due to the psychological distress they internalized after being falsely accused of such a stigmatizing and horrific allegation such as sexually assaulting someone. We fully understand what is at stake for our clients and that is why we have dedicated so much time and energy over the years to systematically building bulletproof defenses to fight every type of false allegation of sexual assault allegation imaginable. Too often, these are more difficult cases than they should be because many prosecutors and members of the public feel empathy for someone who claims to be a victim of sexual assault, and relatedly, is suspicious of the person accused of such crimes. Yet the constitution not only presumes such people to be innocent, our thorough investigations have uncovered innocent men and women accused of these crimes time and time again, demonstrated by the high number of dismissals of sexual assault allegations that our firm secures before trial, and when we do go to trial, the large number of not guilty verdicts rendered on behalf of our clients once the jury has the full and fair opportunity to consider our clients’ defenses at trial.
There are often two key defenses in cases alleging Fourth-Degree Sexual Assault: first, that no sexual contact happened; and second, that if sexual contact did occur, then the other party consented to the sexual contact.
The first key defense is that sexual contact did not happen. Sexual contact is defined by Wisconsin law as a person intentional touching of a sexual body part of someone else, including but not limited to purposefully touching the other person’s breasts, pubic area, and butt for the purpose of the person’s sexual gratification or to sexually degrade the other person. There are a number of different scenarios in which our team of lawyers have successfully raised this defense on behalf of innocent clients who were falsely accused of sexual assault. Most commonly, in the case where the accuser has a motive to retaliate against the other person, the accuser may falsely allege that s/he was sexually assaulted. Our team of lawyers have successfully used this defense to exonerate our clients of false charges in numerous cases. In fact, during one such case in which our client was recently falsely accused of Fourth Degree Sexual Assault, the jury foreperson told Attorney Mehlos that she believed both accusers were motivated by their desire to retaliate against our client for terminating their employment. At another trial in which our client was also acquitted of Fourth Degree Sexual Assault, the detective, who was the government’s own witness, admitted that in her professional experience approximately 50 percent of sexual assault allegations she has investigated are false allegations.
The second key defense is that the alleged victim actually consented to the sexual contact. Unfortunately, there are a number of examples where alleged victims who consensually agree to sexual contact later claim to police that they were sexually assaulted. A prominent example of this is former University of Wisconsin star football player and later NFL player Quintez Cephus was falsely accused of sexual assault by two females at a party. Fortunately, video and text evidence helped prove his innocence by establishing that the females were capable of consenting, contrary to their claims, and their text messages and actions strongly supported Quintez’s arguments that they did consent to the sexual contact. In one of our recent cases, our client was found by the jury to be acquitted of Fourth-Degree Sexual Assault after Attorney Mehlos was able to demonstrate that the alleged victim consented to the sexual contact, but later claimed it was unwanted sexual contact after she became upset with him and retaliated by claiming to police that a sexual assault had occurred.
Ultimately, only after reviewing the facts of each client’s case do our attorneys decide the best argument to achieve the client’s goals of representation. Our attorneys at Casper Mehlos Law Group, LLC can will review every aspect of your case, from police reports and witness statements to any available video, digital device extraction, and physical evidence. We work with you to clarify insider information that we will provide to our investigator as we collaborate to develop a strategy that ends in dismissal, acquittal, or a favorable plea whenever possible. Contact us today for a consultation with a Madison sexual assault defense lawyer and get our informed guidance and practical legal support.
What to Know About Fourth-Degree Sexual Assault in Wisconsin
Fourth-Degree Sexual Assault is a Class A misdemeanor in Wisconsin. It usually involves sexual contact without consent or with someone who cannot legally give consent. Unlike more serious sexual assault charges, Fourth-Degree Sexual Assault does not carry mandatory sex offender registration, but it can still result in jail time, fines, probation, and a criminal record. The elements of Fourth-Degree Sexual Assault include:
- Intentional sexual contact: This means that the accused person must intentionally or purposefully touch the sexual body part of another person, or force the other person to touch them sexually. This means that the touching cannot be accidental such as bumping into someone. This also requires that the touching must be done for a sexual purpose, such as the person’s own sexual gratification or the desire to sexually degrade the other person. For example, a doctor that is appropriately performing an exam that requires him or her to touch a patient’s genitalia may purposefully touch the patient’s sexual body part, yet not purposefully touch the body part to arouse himself or herself or degrade the patient sexually, in which case no crime has been committed. Additionally, the touching can be directly or indirectly, through an object used to touch the other person or force that person to touch them. The touching can be while the person is clothed or unclothed provided that the touching occurs on a sexual body part.
- Non-consensual sexual contact: This is any intentional touching of a sexual nature without the other person’s agreement.
- Situations without force: Unlike higher-degree charges, a fourth-degree sexual assault conviction doesn’t require proof that you used force or threatened the victim.
Sexual Contact vs. Sexual Intercourse
Fourth-degree sexual assault involves sexual contact rather than sexual intercourse, and the precise definition makes a difference for your charges. Sexual contact is defined broadly. It can include touching intimate parts of another person, causing another person to touch you or someone else, or directing actions that result in emitting bodily fluids for sexual or humiliation purposes. The law focuses on whether the contact was sexual and whether it occurred without consent.
Sexual intercourse, by contrast, includes vaginal, anal, or oral penetration, as well as any intrusion of a body part or object into the genital or anal opening. Intercourse is involved in third-degree sexual assault and higher-degree charges, while fourth-degree charges are limited to sexual contact. The differences include:
- Intentional touching: Sexual contact can occur through touching over or under clothing for sexual purposes.
- Scope: Intercourse involves penetration. Sexual contact does not.
- Legal consequences: Fourth-degree sexual assault addresses sexual contact without consent, while higher-degree charges apply when intercourse or aggravating factors are present.
- Evidence considerations: Both sexual contact and intercourse require proof of lack of consent, but fourth-degree cases do not require proof of force, injury, or penetration.
Understanding this distinction is important because it affects the potential defenses available and the penalties that apply. It’s also important to understand that even actions that may seem minor can meet the legal definition.
Because the definition and penalties can vary depending on the circumstances, talking to one of our team of Madison sexual assault defense lawyers early on can help you understand how the law applies to your situation and identify potential defenses.
Additional Possible Defenses to Fourth-Degree Sexual Assault
Prosecutors must prove every element of a crime beyond a reasonable doubt in order to secure a conviction. Every case is different, and the Madison sexual assault defense attorneys at Casper Mehlos Law Group, LLC develop personalized defenses for every client. Although there are too many defenses to list, here are several additional defenses that may apply to your case depending on the specific facts of your case:
- Lack of sexual intent: Fourth-Degree Sexual Assault requires that the contact be sexually-motivated. If the contact was accidental, incidental, or not done for sexual purposes, this may eliminate the sexual intent element.
- Lack of sexual contact: If the contact was near a sexual body part, but did not actually involve touching that body part, there was no sexual contact. In this case, the Government may argue that there was an attempted sexual contact, which is a variation of Fourth-Degree Sexual Assault.
- Procedural or investigative issues: Improper police procedures and Constitutional violations can sometimes lead to evidence being excluded. If enough key evidence is thrown out, your case could be dismissed, or the prosecution may offer a favorable plea deal.
- Mistaken identity or alibi: Sometimes, especially in high-stress situations, eyewitnesses misidentify people. If the alleged victim or other witnesses made a mistake—or if you can prove you were somewhere else at the time of the incident—this can be a strong defense.
- Reconstructive memory: An alleged victim may be under the influence of drugs or alcohol and may later incorrectly recall sexual contact being non-consensual when it was actually consensual in nature. Reconstructive memory often occurs when a person’s memory is changed by a variety of factors, including post-event information, or things they hear, learn, and are told by other people who may inadvertently influence the memory of the witness by sharing information that can alter their recollection of events.
These defenses are highly fact-specific. The best strategy for your specific case often involves us thoroughly reviewing police reports, witness statements, digital evidence, video evidence, and other materials. The sooner we become involved in your case, the more opportunities we’ll have to preserve evidence and build a strong defense.
Why You Need a Skilled Defense Attorney from Casper Mehlos Law Group, LLC
A strong defense to a Fourth Degree Sexual Assault charge requires careful legal strategy from the start. The law can be complex, and mistakes early in your case can have lasting consequences. Our skilled team of Madison defense attorneys review each piece of evidence and independently investigate to identify weaknesses in the prosecution’s case.
While Fourth Degree Sexual Assault charges are Class A misdemeanors, they still come with serious consequences. Relying on a public defender can be risky, as they’re often overextended and may not have the time or resources to fully analyze the evidence or pursue every possible defense on your behalf. A dedicated criminal defense attorney like the ones at our firm can give your case the attention it deserves and explore all options for resolving the charge. If dismissal or acquittal isn’t likely, we’ll relentlessly negotiate for reduced charges or alternative resolutions if possible.
The attorneys at Casper Mehlos Law Group, LLC work closely with our clients to develop strategies tailored to every unique case. By acting quickly and calling our firm, you can protect your rights and start responding to the charges with informed legal guidance.
Contact Casper Mehlos Law Group, LLC for Madison, WI Sexual Assault Defense
The sooner you call Casper Mehlos Law Group, LLC, the sooner we can start addressing your charges in a thoughtful, strategic way. Our attorneys can help you understand what you’re up against, discuss possible defenses, and explain how your case is likely to progress.
When you work with Casper Mehlos Law Group, LLC, you get informed, intentional legal support for your specific circumstances. However your case is ultimately resolved, having skilled representation can make a significant difference in how prosecutors, judges, and juries view you and the evidence.
Contact Casper Mehlos Law Group, LLC now for a confidential consultation with our Madison sexual assault defense lawyers, and let us start protecting your rights today.