Sexual assault charges are very serious misdemeanor and felony charges, with sentences ranging from months in jail plus probation and sex offender registry to years in prison and lifetime supervision. Attorney John Birdsall and Attorney "TJ" Perlick-Molinari, the criminal defense lawyers at Birdsall Law Offices, S.C. have defended many people who were charged with sexual assault. Their winning trial record - 3 times the Wisconsin state average in jury trials - shows their dedication to every case, their passion to defend the rights and protect the reputations of their clients, and their expert legal knowledge. If you under investigation or have been charged with sexual assault or any sex crime, please contact Birdsall Law for a free initial consultation.
Definition
First degree sexual assault is any sexual contact or sexual intercourse with a person who is under the age of 13 years at the time of the sexual contact or sexual intercourse.
Second degree sexual assault is any sexual contact or sexual intercourse with a person who is over the age of 13 years, but under the age of 16 years.
Fourth degree sexual assault is sexual contact with another person without that person's permission.
Failure to prevent a sexual assault is a criminal charge bought against a caregiver. The state must prove that the caregiver was aware that the sexual abuse was occurring at the time that it occurred.
State of Wisconsin -vs- First Degree sexual assault Defendant
When the state of Wisconsin brings charges for sexual assault, the state prosecuting attorney must prove 3 elements of the crime of sexual assault.
You had sexual contact / intercourse with the victim.
The victim did not consent to the sexual contact / intercourse.
You caused great bodily harm to the victim.
State of Wisconsin -vs- Second Degree Sexual Assault Defendant
To prove a charge of second degree sexual assault, the prosecuting attorney on behalf of the state government must prove 3 elements of the crime of second degree sexual assault.
The defendant had sexual intercourse or sexual contact with the victim.
The victim did not consent to the sexual contact or sexual intercourse.
The defendant had sexual contact or sexual intercourse with the victim by use or threat of force or violence.
State of Wisconsin -vs- third degree sexual assault
To prove a charge of third degree sexual assault, the prosecuting attorney on behalf of the state government must prove 3 elements of the crime of second degree sexual assault.
The defendant had sexual intercourse or sexual contact with the victim.
The victim did not consent to the sexual contact or sexual intercourse.
Sexual Contact
Sexual contact is the touching of any part of your body, or any object you control, with any of the other person's "intimate parts." That is defined as breasts, penis, anus, buttocks or vagina. The State must show that this was done with the intent to gain sexual satisfaction or to humiliate the victim. The touching may be over or under clothing.
sexual intercourse
Sexual intercourse includes sex and penetration by a male into a female or another male.
Consent for sexual contact or sexual intercourse
In proving that the sexual contact lacked the victim's consent, the state prosecuting attorney must show that the victim did not freely agree to have sexual contact with the defendant. The prosecuting attorney will not be required to show that the victim resisted, or offered any physical resistance at all. The victim need have only said, "no" to show lack of consent.
not a defense to first degree sexual assault
Mistake of Fact - Victim's Age
A mistake about the victim's age is no defense to the crime of sexual assault. A mistake of fact about the victim's age cannot be used as a defense even if the defendant did not know that the victim's age, was mistaken about the victim's age, mistakenly judged the victim's age, or thought the victim to be much older.
Minor Child Agreed or Gave Consent
A defense that the minor child agreed to have sexual contact or sexual intercourse is not a defense, nor is the fact that the minor gave full consent. A minor is not legally able to give his or her consent to have any form of sexual contact or sexual intercourse under the laws of the state of Wisconsin.
discussion on sexual assault defenses
In defending these cases, the issue of the actions of both parties comes into play. For example, a woman claiming rape who was drinking heavily, acting very sexually toward the defendant, and then voluntarily going with the defendant will not be easily believed to have not given consent. The jury could conclude that she gave consent under those circumstances.
The degree of harm is also fluid. What one juror may find to be a "great bodily harm" another juror may find it to be just "bodily harm." Some jurors may not even believe that the defendant caused any harm at all.
third degree sexual assault
Quite often, 3rd Degree Sexual Assault charges are the result of a party or celebration that got out of hand, because the alleged victim was passed out from alcohol or drugs, or just asleep. The prosecuting attorney claims that the sexual contact or sexual intercourse took place without the alleged victim giving express consent.
Several defenses can be argued on these charges. One defense is to require the state and victim to prove beyond a reasonable doubt that the sexual contact or sexual intercourse even occurred. Often the victim showers or waits a significant period of time before reporting an attack. Any physical evidence that may have been present is washed away, which makes the case largely the "victim's" testimony and whatever other witnesses or proof the prosecutor can obtain.
Revenge - Divorcing Spouse
In some cases, the "victim" either has a bitter grudge against the accused, or there is a divorce action in process in the Wisconsin courts. In the event such resentment exists, the the defense can demonstrate that the victim is a type of person who will fabricate any story to seek revenge. A thorough background investigation - with particular attention to prior false accusations of sexual assault - is most critical.
wisconsin sexual assault penalties
First Degree sexual assault
Class B Felony
Up to 60 years imprisonment (Maximum)
Additional 2-6 years for a repeat offender
Sex Offender Registration
Lifetime Supervision
Probation
second degree sexual assault
Class C Felony
Up to 40 years imprisonment (Maximum)
Fines up to $100,000 (can be in addition to prison)
Additional 2-6 years for repeat offender
Sex Offender Registration
Lifetime Supervision
Probation
Third degree sexual assault
Class G Felony
Up to 10 years imprisonment, and/or
Fines up to $25,000 (can be in addition to prison)
Additional 2-6 years for repeat offender
Sex Offender Registration
Lifetime Supervision
Probation
fourth degree sexual assault
Class A Misdemeanor
Up to 9 months in jail, and/or
Fines up to $10,000 (can be in addition to prison)
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
