Sexual Assault Laws of WisconsinWisconsin State Statutes recognize that sexual assaults occur under a variety of circumstances. Sexual Assault includes both sexual intercourse and sexual contact.
The penalty, or sentence, for sexual assault may include incarceration, a fine, probation, supervision, psychiatric counseling, and restitution.
First Degree Sexual Assault is a felony and includes:
- sexual intercourse or sexual contact without consent which causes pregnancy or great bodily harm, or
- sexual intercourse or sexual contact without consent accomplished by use or threat of use of a dangerous weapon, or
- sexual intercourse or sexual contact without consent while aided or abetted by one or more persons through the use or threat of force or violence.
The penalty for first degree sexual assault is imprisonment not to exceed 20 years.
Second Degree Sexual Assault is a felony and includes:
- sexual intercourse or sexual contact without consent through the use or threat of force or violence, or
- sexual intercourse or sexual contact without consent which causes injury, illness, disease, or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or
- sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient, or
- sexual intercourse or sexual contact without consent while aided or abetted by one or more person, or
- sexual intercourse or sexual contact with a person who is a patient or resident of an inpatient facility or a state treatment facility by a perpetrator who is an employee of that facility.
The penalty for second degree sexual assault is imprisonment not to exceed 10 years or a fine not to exceed $10,000, or both.
Third Degree Sexual Assault is a felony and is defined as sexual intercourse with a person without consent of that person. The penalty for third degree sexual assault is imprisonment not to exceed five years or a fine not to exceed $10,000, or both.
Fourth Degree Sexual Assault is a misdemeanor and is defined as sexual contact with a person without consent of that person. The penalty for fourth degree sexual assault is imprisonment not to exceed nine months or a fine not to exceed $10,000, or both.
Consent -- The law defines the word "consent" as words or overt actions by a person indicating a freely given agreement to have sexual intercourse or sexual contact. People who have a mental illness or deficiency and people who are unconscious or physically unable to communicate are assumed to be incapable of consent, but that assumption can be challenged in court.
Sexual Intercourse -- The definition of sexual intercourse has been expanded to include an intrusion, however slight, into a person's genital or anal openings by any object or part of another person's body, or oral-genital contact. This intrusion may be caused by the direct act of the assailant or may occur as a result of an act by a victim who is obeying the assailant's instructions.
Sexual Contact -- The law defines sexual contact as any intentional touching of the intimate parts of a person, either directly or through clothing, by any body part or by any object, if that intentional touching is for the purpose of sexually degrading or humiliating the victim, or for the sexual arousal or gratification of the assailant, or if the intentional touching contains the elements of actual or attempted battery.
Evidence Of Victim's Past Sexual Conduct -- Wisconsin State Statute 972.11 prohibits the use of evidence of the victim's past sexual conduct in court except in limited instances. Sexual conduct, by the law's definition, means any conduct or behavior relating to sexual activities of the victim, including but not limited to prior experience of sexual intercourse or sexual contact, use of contraceptives, living arrangement and life-style.
A judge may allow evidence of a victim's past sexual conduct for the following purposes: to show a victim's past sexual conduct with the defendant; to show the source or origin of semen, pregnancy or disease only for use in determining the degree of sexual assault; to show prior untruthful allegations of sexual assault made by a victim, and any other reason a judge may find to be relevant to the case.
In addition, the defense attorney who wants to question a victim in any of these allowable areas of past sexual conduct must first petition the judge in a pre-trial motion. The judge will determine whether or not these questions can be asked in court.
Gender Of Victim -- The law makes no reference to the gender of either victim or assailant. Therefore, both female and male victims of sexual assault are protected by the law, and both female and male assailants can be prosecuted under the law.
Spouses -- Marriage is not a bar to prosecution for sexual assault. A person may be prosecuted for sexually assaulting his/her spouse.
Statutes of Limitations for Sexual Assault Crimes -- The legal amount of time in which a victim/survivor has to bring criminal charges or a civil suit against a perpetrator is called the "statute of limitations."
- Criminal Cases: Felony cases not involving the sexual assault of a child must be commenced within six years of the crime. Misdemeanor cases must be commenced within three years of the crime.
- Civil Cases: If
a person has been sexually exploited by a therapist, the person has three
years after the event(s) to bring a claim against the therapist. If a person
is unable to bring a civil claim due to the effects of the exploitation
or due to any threats, instructions, or statements from the therapist,
the time limitation can be extended to not more than 15 years.
An action to recover damages for injury caused by incest must begin within two years after the person discovers or should have discovered the abuse, whichever occurs first.
