Rape Charges in Madison, Wisconsin

Experienced Criminal Defense Attorneys Helping Clients When They Need it Most

One of the worst situations to deal with is being accused of rape or other sex crime. Individuals convicted of sex offenses may face lengthy prison sentences and be forced to register as a sex offender. A sex crime conviction will have negative life-changing consequences and limit where an individual can live, work, and even bar interaction with their children.

Furthermore, anyone convicted of a felony sex offense may be prohibited from joining the military or obtaining loans. Finally, a sexual assault conviction typically results in intense negative social stigma for offenders.

Therefore, anyone who is facing a rape accusation must hire an experienced criminal defense attorney who will fight to protect their rights. Our dedicated team of legal professionals will thoroughly evaluate your case and discuss your potential legal options.

Contact Casper Mehlos Law Group of Madison, WI, and ask to schedule a free initial consultation to learn more about our legal services and how we can help.

What are the Different Types of Sexual Assault Charges in Wisconsin?

The type of sexual assault charges that may be brought against defendants depends on the circumstances involved in the case. Sexual assault charges may range from a misdemeanor to a felony, but any conviction can result in devastating consequences.

Some of the factors that go into determining Wisconsin sexual assault charges include:

First-degree sexual assault charges: Non-consensual sexual contact results in the victim becoming pregnant or suffering great bodily harm. Other qualifying factors include the perpetrator threatening or using a deadly weapon, gang rape, or sexual contact with a child under age 16 through the threat or use of force
Second-degree sexual assault: The victim suffers mental anguish or needs psychiatric care due to the sexual. Additionally, second-degree sexual assault charges may be filed if the victim had mental illness, was unconscious or intoxicated, or was assaulted by a caregiver or correctional officer at the time of the attack
Third-degree sexual assault: An alleged perpetrator engaged in sexual intercourse without consent or if they urinate, defecate, or ejaculate on the victim
Fourth-degree sexual assault: Fourth-degree sexual assault includes non-consensual sexual contact, such as unwanted touching, fondling, or groping

If you need further clarification about the legal criteria used to determine sexual assault charges, contact our Madison, WI, law firm to schedule a free consultation.

What are the Criminal Penalties for Sex Offenses in Wisconsin?

Criminal penalties for Wisconsin sex offenses vary based on the circumstances in the case. For example, the penalty for statutory rape depends on several factors, such as the age of the victim. If the victim is 13 or younger, the offense can be charged as a Class B felony, and an offender can be sentenced to up to 60 years in prison. However, statutory rape may be charged as a Class A misdemeanor if the victim is 16 to 17 years old.

Penalties for sexual assault charges depend on the degree and include:

First-degree sexual assault: Class B felony punishable by up to 60 years in prison
Second-degree sexual assault: Class C felony punishable by up to 40 years in prison and up to a $100,000 fine
Third-degree sexual assault: Class G felony punishable by up to 10 years in prison and/or a $25,000 fine. However, third-degree sexual assault prison sentences can be split into 5 years of incarceration and 5 years of supervised release
Fourth-degree sexual assault: Class A misdemeanor punishable by up to 9 months in jail and/or a $10,000 fine

Finally, although Wisconsin law makes no legal distinction between rape and date rape, both may be pursued as second or third-degree sexual assault charges with applicable sentences.

Contact Casper Mehlos Law Group immediately so that we may begin to develop a solid defense strategy for you.

What Are Possible Defenses to Sex Offense Charges?

Dane County prosecutors are overly aggressive when pursuing and trying to convict defendants accused of sex offenses. Even though many individuals who have been accused in sexual assault cases proclaim their innocence, it takes a skilled attorney to provide a well-planned defense on their behalf.

Some of the most common legal defenses to sex offense charges include:

Consent: In many instances, a defendant may be able to argue that the alleged victim gave their consent to the sexual activity. However, in most instances, individuals must be at least 18 years old to give consent
Mistaken identity: Due to trauma or other circumstances, a victim may mistakenly identify the wrong person in connection with a sexual assault. A well-qualified defense attorney can conduct an independent investigation to challenge the alleged victim’s memory or identification
False accusations: False accusations regarding sex offenses are far more common than people realize. Often, accusers make false allegations due to jealousy or for revenge. However, a skilled criminal defense lawyer can investigate the case and work to find evidence that disputes or calls into question an accuser’s motives
Lack of evidence: Even if a defendant has been charged with a sex offense, the prosecution must still prove the accused is guilty beyond a reasonable doubt. It may be dismissed if there is insufficient evidence to support the state’s case

If you have been accused of a sex crime, contact our law office to speak with an experienced criminal defense attorney who will professionally evaluate your case.

When Should I Consider Hiring a Sex Crime Defense Lawyer?

Many individuals facing sex crime allegations make the critical mistake of waiting until they have been charged with a crime before obtaining legal counsel. However, waiting until charges have been filed puts defendants at a disadvantage as the state has already begun building its case.

Instead, anyone who even thinks there is a possibility of being accused of sexual assault must obtain legal representation immediately. Being proactive and hiring a lawyer is the best way to avoid making critical mistakes that could cause further problems.

When you seek help from a criminal defense lawyer, they can review the facts of the case and advise you on what steps you must take. One of the biggest mistakes clients often make is agreeing to speak with the police without having a lawyer present. Many people think that if they can tell their side of the story, it will resolve the matter. However, often, this approach backfires, and individuals end up giving statements that the state tries to use against them.

Instead, having an attorney present during questioning or any other time you interact with law enforcement is always best.

What Makes Your Criminal Defense Law Firm the Right Choice to Handle My Legal Defense?

Casper Mehlos Law Group is passionately committed to assisting individuals who have been accused of sex offenses. Our legal team recognizes that, often, good people make poor choices or are falsely accused.

Our attorneys never make judgments but instead are committed to helping clients obtain favorable outcomes for their charges. We strive to have charges dismissed or lowered depending on the facts of the case. However, it is essential to remember that all sexual assault cases are different, and therefore, outcomes can vary significantly.

Our criminal defense lawyers will work with the prosecution to resolve your case and achieve a favorable outcome. Due to the severity of criminal penalties involved in sexual assault cases, anyone facing charges must hire a criminal defense attorney who will fight to protect their freedom.

Contact our Madison, WI law office by calling (608) 820-8926 and ask to schedule a free, confidential consultation so that we may review your case and determine what legal strategies meet your needs.