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Tuesday, 17 November 2020 14:39

Degrees of Sexual Assault in Wisconsin

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Sexual Assault in Wisconsin
Sexual assault is defined as sexual contact or intercourse without the victim’s consent. Section 940.225(1) of the Wisconsin Statutes details the four degrees of sexual assault, with first-degree sexual assault being the most serious offense. Each degree of sexual assault carries its own consequences.

Sexual Assault in the First Degree in Wisconsin 
In Wisconsin, first-degree sexual assault is a Class B felony. It is defined as sexual contact or intercourse without consent of the victim, and includes the presence of any one of the following outcomes or situations:

  • Great bodily harm or pregnancy results
  • The use of a violent weapon or threat of use of a violent weapon was present
  • Individual was aided or abetted by one person or multiple people using violence or the threat of violence

If you are convicted on first-degree sexual assault in Wisconsin, you are required to register as a sex offender for the rest of your life.  

Sexual Assault in the Second-Degree in Wisconsin
Second Degree Sexual assault is a Class C felony. It is defined as sexual contact or intercourse without consent of the victim, and includes the presence of any one of the following outcomes or situations:

  • Use of violence or force
  • Disease, illness, injury or mental illness requiring psychiatric care occur
  • The victim suffers from a mental illness or disability that made them incapable of giving consent
  • The victim was under the influence of alcohol or drugs
  • The victim was unconscious
  • The individual who committed the assault was aided or abetted by one person or multiple people
  • The individual who committed the assault was a specialized caregiver at institutions such as a foster home, health care facility or group home

If you are convicted on second-degree sexual assault in Wisconsin, you are required to register as a sex offender for the rest of your life.

Sexual Assault in the Third Degree in Wisconsin
Third-degree sexual assault is defined as sexual intercourse without consent of the victim, occurring along with ejaculating, urinating or defecating on the victim. It is a Class G felony. If you are convicted of third-degree sexual assault in Wisconsin, you are required to register as a sex offender for 15 years.

Sexual Assault in the Fourth Degree in Wisconsin
Fourth-degree sexual assault is defined as any sexual contact aside from intercourse, where there is no consent present. For example, this could include fondling or groping. It is a Class A misdemeanor in Wisconsin.

Guard Your Future if You Have Been Accused of Sexual Assault 
A sexual assault conviction, whether first-degree sexual assault or fourth-degree sexual assault, will leave a defendant’s life in a state of turmoil. When you are required to register as a sex offender, your reputation is essentially destroyed. Discovering your name on the State of Wisconsin Sex Offender Registry web site is easy, and only takes a search on the internet. If individuals find this information, it will impact important facets of your life such as your career and relationships.

To ensure you are utilizing every resource possible to avoid conviction you must contact an experienced sexual assault defense attorney. The Wisconsin criminal defense attorneys at Birdsall Obear & Associates have decades of experience being the top sexual assault attorneys in Milwaukee and Sheboygan. To speak with one of our attorneys about your sexual assault charge, or any other criminal charge, contact us: (920)-395-2200 or fill out our intake form. Your initial consultation is free.

Birdsall Obear & Associates LLC


Milwaukee: (414) 831-5465
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