Day: October 5, 2023

Sexual assault charges are some of the most severe criminal charges that an individual can face in the State of Wisconsin. A person can be found guilty and convicted of a sexual assault charge if they have sexual contact with another individual without their consent. More serious sexual assault crimes involve dangerous weapons and physical violence. A conviction can lead to severe penalties, including jail time.

If you are currently pending a sexual assault charge in Wisconsin, you must experience legal help as quickly as possible. The knowledgeable Wisconsin criminal defense attorneys at J. Kippa Law Office, LLC can help you advocate a solid legal defense for your pending sexual assault charge or represent you during plea deal negotiations with state prosecutors in your case.

For a free case evaluation and legal consultation with a skilled Wisconsin sexual assault lawyer, please call us at 920-507-5252 or online for more information.

Sexual Assault Penalties in Wisconsin

To receive criminal penalties for sexual assault, the state prosecutor must first satisfy the legal burden of proof in their case beyond a reasonable doubt. The potential sexual assault penalties that an accused individual may receive upon conviction will depend upon the degree of sexual assault with which they are charged.

  • First-degree sexual assault is the most serious and typically involves serious bodily harm, use of a dangerous weapon, or physical violence. A conviction can lead to a maximum of 40 years of incarceration.
  • A second-degree sexual assault conviction can lead to a maximum of 20 years in jail and a maximum monetary fine of $10,000.
  • A third-degree sexual assault conviction can lead to a maximum prison sentence of five years or a total monetary fine of $10,000.
  • A fourth-degree sexual assault conviction can lead to a maximum of 9 months in a county jail and a maximum monetary fine of $10,000.

While first, second, and third-degree sexual assault charges are a felony in Wisconsin, a fourth-degree sexual assault charge is a Class A misdemeanor.

Factors that Affect Sexual Assault Penalties in Wisconsin

Certain aggravating factors exist which may increase the severity of a pending sexual assault charge, as well as the potential penalties upon conviction. Those factors may include multiple sexual assault victims, use of physical violence during the incident, and use of a weapon.

However, in response to a sexual assault charge, several mitigating factors might apply, including cooperating with responding law enforcement officers, lack of prior arrests, and lack of previous sexual assault convictions.

Consent and Sexual Assault in Wisconsin 

 

Many sexual assault cases hinge on whether the alleged victim provided consent to the sexual act(s) in question. Suppose the state prosecutor can show, beyond a reasonable doubt, that the alleged victim did not provide consent. In that case, the accused can be convicted of a rape charge, leading to higher penalties.

Other Considerations in Sexual Assault Cases in Wisconsin 

 

When an individual is the victim of sexual assault, they can file a report. It is then up to the prosecuting attorney to bring criminal charges. If the prosecutor ultimately obtains a conviction, then before sentencing, the alleged victim can make an impact statement to the judge in person – or writing.

In addition to the potential penalties listed above, the accused individual may have to register as a sex offender on the State of Wisconsin’s sex offender registry under Megan’s Law.

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