WISCONSIN SEXUAL ASSAULT LAWSFIRST DEGREE SEXUAL ASSAULT Whoever does any of the following is guilty of a Class B felony:
Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
Has sexual contact or sexual intercourse with another person without consent of that person by use of threat or use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.
Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use of threat of force or violence.
Penalties for a Class B felony = imprisonment not to exceed 20 years.
SECOND DEGREE SEXUAL ASSAULT Whoever does any of the following is guilty of a Class C felony:
Has sexual contact or sexual intercourse with another person without consent of that person by use of threat of force or violence.
Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition.
Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.
Is an employee of an inpatient facility or a state treatment facility and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility.
Penalties for Class C felony = a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
THIRD DEGREE SEXUAL ASSAULT Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D felony.
Penalties for Class D felony = a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.FOURTH DEGREE SEXUAL ASSAULT Whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor. Penalties for a Class A misdemeanor = a fine of not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
CLARIFICATIONS Consent. "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (d) and (g). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s.972.11 (2): 1. a person suffering from a mental illness or defect which impairs capacity to appraise personal conduct. 2. a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
DEFINITIONS: "SEXUAL CONTACT" means any intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading, or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19 (1). "SEXUAL INTERCOURSE" includes the meaning assigned under s.939.22 (36) as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.
MARRIAGE NOT A BAR TO PROSECUTION. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant. DEATH OF VICTIM. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.
Sources: Section 940.225 and s.939.50-51 of the Wisconsin Statutes
NATIONWIDE:
* As many as 84% of rapes are not reported.
* 84% of reported rapes do not result in a conviction.
* 88% of reported rapes do not result in incarceration of the attacker.
* As a result, 98% of rape victims will never see their attacker apprehended, convicted AND incarcerated.
* Over half (54%) of all rape prosecutions result in either a dismissal or an acquittal;
* Almost half of all convicted rapists are sentenced to less than one year behind bars.
Source: The Response to Rape, Senate Judiciary Report, 1993
This information sheet was updated in 1996 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 E. Main St., Madison, WI 53704, (608) 257-1516. For more information about sexual assault, contact your local sexual assault program. This sheet may be reproduced with acknowledgment to WCASA.
