Rape Defense Lawyers in Madison, WI, Providing Aggressive Legal Representation for Individuals Charged With Sex Offenses

Rape is a serious sex crime that can land the accused in prison for a significant amount of time if convicted. However, Wisconsin does not use the term “rape” to define unwanted sexual contact or intercourse. Instead, the term “sexual assault” describes sexual acts that occur without consent from the victim.

If you have been accused of sexual assault, hiring a highly experienced defense lawyer immediately is in your best interests. A conviction for rape or sexual assault can negatively impact you for the rest of your life. For example, it may require you to register as a sex offender for the rest of your life, prevent you from attending the higher learning institution of your choice, and limit where you can live.

Contact Casper Mehlos Law Group, LLC, of Madison, WI, and ask to schedule a free initial consultation to discuss your case and learn what legal options may be available.

How Old Does an Individual Have to Be to Give Consent?

Under Wisconsin law, an individual must be at least 18 years of age to give legal consent. Consent to sexual intercourse may occur through words or actions given by the other party. However, it is also vital that individuals understand there are situations in which legal consent cannot be given, regardless of the words or actions expressed. They include:

The other individual is under the age of 18.
The individual is unconscious or physically unable to communicate their objection.
Mentally or physically impaired and therefore unable to give lawful consent.
Intoxicated or under the influence of drugs and unable to give consent. However, the accused must have known the victim could not give lawful consent.

What Is the Difference Between Rape and Statutory Rape?

The main difference between the charge of rape versus statutory rape is the age of the victim involved in the sexual assault. Both criminal offenses involve unwanted sexual contact that occurs without consent. However, if the victim is underage, the penalties that may be imposed are significantly greater.

These criminal penalties for statutory rape include:

First-degree sexual assault of a child under age 13: Class B felony punishable by up to 60 years in prison.
Second-degree sexual assault of a child between the ages of 13-15: Class C felony punishable by up to 40 years in prison and a fine of up to $100,000.
Sexual intercourse with a child 16 or older: Class A misdemeanor punishable by up to 9 months in jail and a $10,000 fine.

What Are the Most Common Defenses of a Rape Allegation?

For individuals who have been wrongly accused of rape allegations, three common defenses may be presented for their defense. They include:

Innocence: One of the most common defenses to a sexual assault allegation is that the defendant is innocent. However, the defense will need to clearly demonstrate that the accused was at a different location or could not commit the offense in question. This proof may come through eyewitness testimony or DNA evidence.
Consent: If the defense can prove the victim in the case gave consent and met the legal requirements to do so, the case may be dismissed. However, it is essential to remember that certain situations still qualify as sexual assault even if the victim consented.
Insanity: A defendant may be able to prove that, at the time of the sexual assault, they suffered from a mental illness or impairment that prevented them from understanding the criminal nature of their actions. If it can be demonstrated that the defendant did not know right from wrong, they will not be held accountable for their actions. However, they will be involuntarily committed to a psychiatric treatment facility.

What Kind of Results Can I Expect From Your Law Firm?

If you have been accused of rape, you seek qualified legal representation from an experienced criminal defense attorney. Our law firm has a proven track record of obtaining favorable client outcomes in sexual assault cases.

Our legal team has extensive experience in handling sexual assault cases. First, our rape defense attorneys will analyze the evidence the state has against you and look for weaknesses in the case. Next, we will negotiate with the prosecutor to try to reduce or dismiss your charges. Finally, we will provide an aggressive legal defense to clear you of the charges so that you may resume your life.

Contact Casper Mehlos Law Group, LLC, of Madison, WI, by calling (608) 820-8926 to schedule a free no-obligation consultation to discuss your case and potential legal options.