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What is the Age of Consent in Wisconsin?

On behalf of J. Kippa Law, LLC | November 23, 2020

In Wisconsin, the age of consent is 18 years old. This means that if you engage in sexual intercourse with a minor who is 17 years old or younger, it is considered statutory rape, which is a Class A misdemeanor. Wisconsin law considers individuals who are under the age of 18 to be too young to have the ability to give informed consent to sexual acts. This age group’s inability to communicate proper consent is included in the Wisconsin Statutes, which explains the reasoning behind the existence of the term “statutory rape”. If you are younger than 18 and have sexual intercourse, then you are considered a victim under Wisconsin law.

Is the Age of Consent the Same in Every State?

Throughout the United States, the age of consent ranges from 16 to 18 years old. Wisconsin is one of the only 11 states where the age of consent is 18. In the rest of the United States, the age of consent is either 16 or 17 years old.

Is the a Close-in-Age Exemption to Statutory Rape Law In Wisconsin?

In many states, “Romeo and Juliet” laws exist, which state that if someone who is 15, 16 or 17 years old has sexual intercourse with someone who is within three years of their age, statutory rape charges will not occur (as long as sexual intercourse is consensual). However, a Romeo and Juliet clause does not exist in Wisconsin. This means that it is possible that two underage individuals engaging in consensual sex in Wisconsin could be charged with statutory rape. 

Does a Marital Exemption to Statutory Rape Law Exist in Wisconsin?

A marital exemption to statutory rape laws does in fact exist in Wisconsin. If someone who is 15, 16 or 17 years of age married to a someone who is an adult and they engage in consensual sex, it is permitted according to Wisconsin law.

Contact an Experienced Criminal Defense Attorney

If you have sexual intercourse with an individual under the age of consent, you will face at least a misdemeanor. All other charges of sexual contact or intercourse with a minor will result in a felony charge. A sexual assault charge of any kind is a serious allegation and a resulting conviction will undoubtedly taint your reputation. The attorneys at J. Kippa Law, LLC understand the fear that comes with being charged with a crime. Our approach entails thoroughly reviewing our client’s side of the story and creating a plan of action that will achieve the best results possible. Call 920-733-1100 or contact us online to schedule a free consultation.

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