Third-Degree Sexual Assault is sexual contact without consent, typically without aggravating factors such as lack of consent due to age, level of intoxication, or a mental or physical condition. While it is a lower degree than First or Second-Degree Sexual Assault, it is still a Felony in the state of Wisconsin with possible life-altering consequences of a conviction such as serving a prison sentence and/or being required to participate in sex offender registration.

Whether you were falsely accused of sexual assault or the lines of consent were blurred, the legal process can be complex, and the consequences of a conviction can be devastating. Having an experienced team of attorneys who have a track record of both successfully dismissing Third-Degree Sexual Assault cases before trial and winning at trial is the best way to face your charges and achieve the best outcome possible.

Our team of criminal defense lawyers at Casper Mehlos Law Group, LLC, can review your case and help you build a strategic defense for your unique situation. Contact our law firm today for a free consultation and discuss your legal options.

Understanding Third-Degree Sexual Assault

Third-degree sexual assault is sexual contact without consent. This can include situations where someone is under the influence of drugs or alcohol or has a mental to a certain extent or has a physical or mental condition that can affect their ability to consent, or freely agree to have sex, though oftentimes those instances are charged as Second Degree Sexual Assault. Yet unlike First or Second-Degree Sexual Assault, Third-Degree typically does not involve physical force, threats, or other more serious aggravating factors—however, it still involves extremely serious consequences and a Felony conviction and lifetime sex offender registry. If you’re charged with Third-Degree Sexual Assault, the prosecution will have to prove each of these three elements beyond a reasonable doubt:

• Sexual contact: The prosecution must prove that you engaged in sexual intercourse. This includes vaginal, anal, or oral penetration, intrusion by one person towards another, including by using an object.
• Lack of consent: The prosecution must prove that the sexual activity occurred without the victim’s consent. In other words, the victim didn’t give words or overt actions that indicated a freely given agreement (if the victim was legally capable of consenting).

Misunderstandings or mistakes about consent can lead to serious charges under Wisconsin law. You need quality representation to protect your rights and help you minimize any potential consequences.

The attorneys at Casper Mehlos Law Group, LLC, can explain how the law applies to your situation and develop a strategic defense that fits your circumstances.

Common Examples of Third-Degree Sexual Assault

Third-degree sexual assault charges can arise in a variety of circumstances. Some common examples include:

• Sexual contact with someone under the influence: Sexual activity with someone who is intoxicated or impaired by drugs or alcohol can be non-consensual and can lead to third-degree sexual assault charges. If the other person is so impaired by alcohol that they are incapable of providing consent, that is Second Degree Sexual Assault. Yet a person may be partially impaired by alcohol, and that can be a factor in determining whether they did not freely agree, or consent, to having sexual intercourse.
• Coerced or pressured sexual contact: Situations where someone applies pressure or coercion—even if it doesn’t rise to the level of force or threat required for higher-degree sexual assault can be a factor in deciding whether that person committed a ThirdDegree Sexual Assault.
• Misunderstandings about consent: Even if you believed the victim consented, the law focuses on whether the victim actually gave legally valid consent at the time of the sexual contact.

Casper Mehlos Law Group, LLC, evaluates every detail of your case to determine how Wisconsin law applies. We can explain the allegations, assess the evidence, and help you develop a strategy to protect your rights.

Defenses to Third-Degree Sexual Assault

Third-degree sexual assault charges are serious, but a conviction is not automatic simply because a person is charged with that crime. Several defenses may apply depending on the facts of your case. An experienced attorney from Casper Mehlos Law Group, LLC, can use our track record of success in these types of cases to help identify which strategies are most relevant.

• Improper Motives: our team of attorneys has consulted with a national expert regarding the reasons why individuals are falsely accused of these types of crimes, and the most common reasons are emotional gain. This can include scenarios in which an individual retaliates against someone who has hurt them emotionally; protecting their reputation if parents or friends find out; and preserving their relationship with their partner who could find out that they cheated among common examples. Although the general public is not aware of this, it is more common than realized that an alleged victim’s mental health may be a factor in a false allegation. For instances, it is much more common that an individual with a personality disorder, specifically Borderline Personality Disorder (BPD) will falsely accuse an individual of sexual assault after feeling hurt, upset, or rejected. That is why our team has to thoroughly analyze the facts of each case to identify the best possible defense to help our clients, and sometimes use expert testimony to support that defense. Additionally, although the general public oftentimes believes that false allegations of sexual assault are rare, at one of our trials the lead detective for the government admitted that she believes that approximately 50 percent of the sexual allegations she has investigated are false. That is why our team of lawyers takes a comprehensive analysis of every case to thoroughly investigate whether a false allegation has occurred and provide the best possible defense for our client.
• Lack of evidence: The prosecution has to prove each element of third-degree sexual assault beyond a reasonable doubt. If the evidence, like witness testimony, is incomplete, inconsistent, or unreliable, this can establish that there is a reasonable doubt present for at least one of the elements and the person cannot be convicted of the charged offense.
• Consent: If facts demonstrate that the sexual contact or intercourse may have been freely agreed to by the alleged victim, this can be a strong defense. The consent must be informed and voluntary, and the burden is on the prosecution to prove it didn’t exist. For instance, our team has a history of examining the exact circumstances under which the individuals had sexual intercourse to determine whether there are reasons to believe the alleged victim may have freely agreed to have sexual intercourse yet is now claiming that s/he did not. Those reasons can include social embarrassment, trying to hide cheating, parents finding out about the situation, confusion over some of the facts (individuals with a reported .15 BAC or higher may have partial blackouts after drinking but this does not render them incapable of deciding whether to have sex), or retaliation.
• Mistaken identity: Mistaken identity can be a defense in high-stress situations, especially when strangers are involved. This may involve presenting alibi evidence, challenging eyewitness identification, or questioning whether witness testimony is credible.
• Challenging incapacity claims: If the prosecution claims the alleged victim did not freely consent to have sexual intercourse due in part to intoxication or mental illness, your attorney may present evidence showing the complainant was actually able to consent. This is oftentimes demonstrated through text messages, video recordings, and witness testimony.
• Procedural or investigative errors: If law enforcement violated your Constitutional rights during arrest or while collecting evidence, certain evidence may be suppressed or excluded. This can weaken the prosecution’s case or lead to case dismissal.

Casper Mehlos Law Group, LLC, can review your unique case to determine which defenses are viable. Our attorneys investigate and work to build a defense strategy tailored to your situation to protect your rights throughout the legal process.

What To Do if You’re Arrested for Third-Degree Sexual Assault

Arrests are confusing and intimidating, especially when you didn’t realize anything was wrong. However, how you respond after an arrest can significantly affect your defense. Here’s what to do:

• Remain silent: You have the right to remain silent and should exercise it. Avoid discussing your case with law enforcement, the complainant, or anyone else without your attorney present. Even if you know you are innocent, there are occasions where innocent individuals make statements that be taken out of context and strengthen the government’s case against you. Anything you say can be used against you. Even trying to clear up a simple misunderstanding can be used against you, especially when questioned by law enforcement officers who are trained to use tactics that have been proven to create false confessions and false impressions.
• Request an attorney: Call Casper Mehlos Law Group, LLC, as soon as possible. Our experienced attorneys can explain your rights, advise on how to respond to police questioning, and begin planning a defense.
• Do not consent to searches: Do not consent to searches of your home, car, or electronic devices without a warrant. We can guide you on how to respond to search requests and protect your privacy rights.
• Document everything: Keep a record of any interactions related to your arrest. This might include timeline of events, conversations, phone calls, text messages, or the names of anyone who was present. This information may be valuable for your defense.
• Avoid talking to the alleged victim: Do not attempt to contact the alleged victim in any way. That can be misinterpreted and used against you by the government.
• Follow your attorney’s advice: Every case is unique, and your lawyer is in the best position to tell you how to support your defense. Follow their guidance carefully regarding bail, pretrial conditions, communications with law enforcement, and other issues throughout the case.

Casper Mehlos Law Group, LLC, can provide immediate legal assistance after an arrest. Our attorneys will protect your rights and guide you through each step of the legal process to develop the best defense strategy. We have a strong track record of not only having cases dismissed before trial but also winning these types of cases at trial.

Contact Our Experienced Criminal Defense Attorneys Today

Contact Casper Mehlos Law Group, LLC, today for a free consultation. Our experienced attorneys can review your case and explain your options.