What is the Definition of Statutory Rape?
Many people use the term “rape” when a person forces someone else to engage in unwanted sexual activity. However, there are some problems with calling a sex crime rape. First, this term implies that a male has forced sexual contact with a female, while this is not always the case. Furthermore, Wisconsin law does not use the term rape but calls this crime sexual assault instead.
According to the Wisconsin State Legislature, sexual assault of a child under the age of 19 years can result in criminal charges. The following are some examples of sexual assault with a child in Wisconsin:
- Engaging in sexual intercourse with the child
- Sexual touching of the child, even over clothing
- Using a computer in a child sex crime
- Causing the child to watch or listen to sexual activity
- Trafficking a child
- Enticing a child to enter a building for the purpose of committing a sexual crime
- Sexually exploiting a child
- Failing to act when knowingly allowing a child in the person’s care to have sexual intercourse or be exposed to another sexual crime
If you are charged with sexual assault with a child in Wisconsin, and you may face severe penalties because of the seriousness of these crimes. Please speak with an attorney immediately, like those at Casper Mehlos Law Group, LLC. We can help you develop a strong defense that could get your charges reduced or thrown out. Call today to learn more at 608-820-8926.
What Are the Penalties for Statutory Rape in Wisconsin?
Statutory rape, or sexual assault of someone who is underage, is a serious crime in Wisconsin. The penalties for a conviction could range from thousands of dollars in fines to up to 60 years in prison. Someone convicted of a sex crime against a minor could also be required to register as a sex offender, limiting where they can live, how they can work, and whether they can retain custody of their own children. Some individuals convicted of sexual assault with a child may even be forced to undergo chemical castration.
Penalties for Statutory Rape
The nature of the charges will determine whether you are facing first-degree sexual assault, second-degree sexual assault, third-degree or fourth-degree assault of a child.
- First-degree sexual assault of a minor – If you are convicted of first-degree sexual assault, you could be charged with a Class B felony and punished with up to 60 years in prison. These crimes include having sexual intercourse with a child under 13 years old.
- Second-degree sexual assault – These crimes occur when a person assaults a child of the ages 13-15 and could result in Class C felony charges. The punishments are up to 40 years in prison and fines of up to $100,000.
- Third and fourth-degree sexual assault – These lesser crimes include sexual contact with a child age 16 or older or engaging in indecent exposure. They could lead to misdemeanor charges, fines of up to $10,000, and up to 9 months in jail.
Romeo and Juliet Laws
Some states have Romeo and Juliet Laws that make an exception for couples who engage in sexual contact when one person is a minor, and the adult is within a few years of age. However, Wisconsin does not have any such exceptions for statutory rape, making it extremely difficult to fight these charges. If you are accused of statutory rape, please seek excellent legal counsel immediately.
How Can I Reduce My Statutory Rape Penalties?
Facing criminal charges can be terrifying, and you may be confused about what to do. If you are facing statutory rape accusations, it can seem like there is no hope for fighting these charges. Indeed, it is extremely difficult to get rape charges reduced in Wisconsin. However, there are some ways to fight your statutory rape charges.
Mistaken Age
Unfortunately, arguing that you did not know the victim’s age is usually insufficient to get out of statutory rape charges in Wisconsin. Even if the person told you they were older and a reasonable person would have believed them, you still may face a conviction.
Proving Innocence
If you are innocent, you can hire a knowledgeable defense lawyer like those at Casper Mehlos Law Group, LLC, to defeat your sexual assault charges. We will work with you to investigate the truth about what happened and prove that you were not in that location or had nothing to do with the sex crime.
Insanity or Impairment
Another possible defense is to show that you had a mental illness that prevented you from being aware of the criminal nature of the sexual contact. However, defendants who use this strategy may be required to undergo psychiatric treatment.
Can Our Criminal Defense Attorneys Help You?
When you are accused of a serious crime, such as statutory rape, you may face a long, complicated path. A conviction can be life-changing, including registering as a sex offender, huge fines, and many years in prison. However, you don’t need to go through this challenging situation alone.
At our law firm, we have helped countless clients develop strong defenses that get their charges reduced or dropped altogether. Our deep knowledge of Wisconsin law allows us to offer excellent legal counsel and confidently represent you. We have powerful negotiating skills based on our extensive experience working with prosecutors to lower or drop sexual assault charges, and we promise to put that knowledge and experience to work in your case.
Don’t take any risks with so much at stake. Call our legal team today at 608-820-8926 to discuss your unique situation and see how we can help in a free initial consultation.