Sexual Assault Lawyers in Madison, WI, Defending Clients Facing Sexual Assault Allegations
Sexual assault charges are some of the most severe criminal allegations an individual can face. Most sexual assault crimes are classified as a felony; if convicted, an individual could face a substantial amount of prison. Furthermore, a sexual assault conviction will negatively impact an individual for the rest of their life. As a result, it can be difficult, if not almost impossible, to obtain gainful employment, find housing, work in certain job fields, and attend a higher learning institution.
If you have been arrested and charged with sexual assault or any other type of sex crime, you must hire an experienced attorney who can build a strong defense on your behalf. Our legal team has extensive experience defending clients against sexual assault charges and obtaining favorable results.
Contact Casper Mehlos Law Group, LLC, of Madison, WI, to schedule a free consultation to discuss your case. A qualified legal team member will provide you with a no-obligation case review so that we may answer your questions and explain your legal options.
How Is Sexual Assault Classified in Wisconsin?
Wisconsin defines sexual assault as any type of sexual contact or intercourse without the victim’s consent. Wisconsin law stipulates four degrees of sexual assault, each with its own penalties.
First-degree sexual assault is considered a Class B felony, and if convicted, the individual will be required to register as a sex offender for the rest of their life. First-degree sexual assault is defined as sexual contact or intercourse without the victim’s consent and must include the presence of one of the following situations or outcomes:
- The use or threat to use a violent weapon, such as a gun or knife.
- Another person or multiple people abetted the individual through the use of force, violence, or threat of violence.
- Pregnancy or great bodily harm as a result of the assault.
Second-degree sexual assault is considered to be a Class C felony, and just as with first-degree sexual assault, many of the same conditions apply, such as not giving consent or the use of violence to commit the crime. A conviction will also require an individual to register as a sex offender for life. Conditions that accompany second-degree sexual assault include:
- The victim was under the influence of drugs, intoxicated, or unconscious.
- The victim had a mental illness, was under psychiatric care, or had a disability that rendered them incapable of giving consent.
- The perpetrator was a caregiver in a healthcare facility, group home, or foster home.
Third-degree sexual assault is classified as a Class G felony, with the same stipulations as the other degrees of sexual assault. If convicted, an individual must register as a sex offender for 15 years. Additional requirements of third-degree sexual assault include the perpetrator ejaculating, urinating, or defecating on the victim.
Fourth-degree sexual assault is considered a Class A misdemeanor and consists of sexual activity other than intercourse without the victim’s consent. Examples of this type of sexual abuse include groping or fondling.
Sexual assault charges should never be taken lightly. Contact the Casper Mehlos Law Group, LLC, of Madison, WI, to learn more about how we can defend you against the charges.
What Is the Difference Between Rape and Statutory Rape?
Rape can take many forms; if convicted, an individual can spend significant time in prison. Wisconsin defines rape as occurring when an individual has sexual contact or intercourse without the victim’s consent.
Statutory rape occurs when an individual at least 18 years old has sex with a minor. Even if the minor states that the sex was consensual, it is still considered statutory rape. Wisconsin law does not consider minors able to consent, and therefore it is considered a criminal offense.
Wisconsin has severe penalties for individuals who have been convicted of statutory rape. First-degree and second-degree sexual assault of a child under the age of 13 can result in an individual being sentenced to 60 or 40 years in prison, respectively.
The crime of date rape occurs between individuals who already know one another, but they do not have to be on an actual date for the offense to occur. State law defines date rape as any type of unwanted sexual contact that involves forced or unforced intercourse.
If you have been charged with the crime of rape, you must seek qualified legal representation immediately. A skilled attorney can review the evidence against you to determine the available legal options.
Are There Any Defenses to Sexual Assault Charges?
Many individuals charged with sexual assault feel there is no viable defense to defend themselves against their charges. However, there are several defense strategies that an experienced attorney can use to build a defense on your behalf. They include:
- The defendant is innocent of the charges that have been leveled against them. However, this can be extremely difficult in sexual assault cases without the help of an attorney, who can review the prosecution’s evidence and look to see if the accused has an alibi and therefore did not have sexual contact with the victim.
- If it can be proven that the accuser actually gave consent to engaging in sexual activity, the charges most likely will be dropped. However, if the victim is a child or underage, they cannot legally consent.
- The alleged victim falsified their statement with intent to harm the defendant. A well-experienced attorney can work with the defendant to understand why the accuser would make a false claim against them.
How Can Your Sexual Assault Lawyers Help Me With My Case?
If you have been arrested and charged with the crime of sexual assault, you must hire an experienced lawyer immediately. Our law firm has the resources and insight necessary to defend you against these serious charges.
For example, we can hire expert witnesses to analyze DNA evidence to help exclude you as a perpetrator in a sexual assault. Additionally, our attorneys are skilled negotiators and will work with the prosecution to reduce or dismiss your charges.
Sexual assault charges can have a long-lasting negative impact on your life and cause you to be labeled as a sex offender. Contact Casper Mehlos Law Group, LLC, of Madison, WI, by calling (608) 820-8926 and asking to schedule a free initial consultation to discuss your case and protect your future.