Category: Sex Crimes

The term “sexual violence” encompasses a range of actions that violate someone’s trust or safety and involve sexual intent. This category includes both physical acts and non-physical acts. Physical acts of sexual violence can include forced sexual intercourse or unwanted touching. Non-physical acts of sexual violence can include secretly watching someone (voyeurism) or exposing oneself inappropriately.

In Wisconsin, “sexual assault” is the catchall legal term for all illegal sexual activities and acts of sexual violence. Its meaning is outlined in Wisconsin law and covers various actions considered illegal and punishable under the law.

How Does Wisconsin Law Define Sexual Assault?

Wisconsin’s sexual assault law classifies four different degrees of sexual assault, each with specific conditions and penalties:

  • Fourth-Degree Sexual Assault: This is a Class A misdemeanor. Fourth-degree sexual assault involves sexual contact without consent.
  • Third-Degree Sexual Assault: This is a Class G felony. Third-degree sexual assault includes sexual intercourse without consent.
  • Second-Degree Sexual Assault: This is a Class C felony. It is sexual contact or intercourse without consent involving the use of force or threat or causing injury or mental anguish needing psychiatric care. It could also include nonconsensual sexual contact or intercourse with a person who cannot understand or resist due to mental illness, intoxication, unconsciousness, or who is a patient in certain facilities. It also includes assault by correctional staff on inmates and by probation, parole, or supervision agents on individuals under their supervision.
  • First-Degree Sexual Assault: This is a Class B felony. It includes forced sexual contact or intercourse without consent that results in pregnancy or great bodily harm or that involves a dangerous weapon. It also includes assault aided by others or against a person 60 or older.

What Should I Do If I Have Been Assaulted in Wisconsin?

If you have been the target of sexual assault in Wisconsin, remember that what happened is not your fault, and there are resources available to support you. Here are some steps you can take to protect your safety and rights:

  • Preserve Evidence: Avoid showering, changing clothes, or cleaning up until after you have undergone a medical examination. This helps in preserving crucial evidence.
  • Seek Medical Attention: Visit a doctor or a hospital as soon as possible, even if you do not have visible injuries. Medical professionals can provide necessary care, check for hidden injuries, and collect important evidence through a forensic examination.
  • Consider Reporting the Assault: It is your right to report the assault to the police, but this not a decision you necessarily have to make now. You can always have a forensic exam and decide later about reporting.
  • Contact a Lawyer: Consider speaking with a lawyer who handles sexual assault cases. They can advise you on your rights and options and assist you if you choose to pursue legal action.
  • Reach Out for Support: Connect with a local sexual assault service provider for counseling and guidance. Wisconsin has numerous organizations dedicated to helping sexual assault survivors.

Contact a Sexual Assault Injury Attorney in Wisconsin

At J. Kippa Law, LLC, we understand that talking to a stranger can feel overwhelming after a traumatic event like sexual assault. But taking that first step can be a courageous move toward healing and justice.

Our commitment is to stand by your side, help you understand your rights, and explore the best legal options available to you.

We believe in empowering our clients through respectful, compassionate, and confidential legal assistance. Contact us today to learn more about your rights in an initial case review.

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.

Facing charges related to prostitution can be a frightening experience. The complex legal landscape surrounding these offenses requires individuals to have a solid understanding of their rights and available legal options. In this blog post, we aim to provide a comprehensive overview of the steps you should consider taking when confronting prostitution-related charges. From knowing your fundamental rights to engaging the right legal representation, we’ll explore the various strategies and resources that can help you build a strong defense

Know Your Rights

When accused of a prostitution-related offense, it is crucial to be aware of your basic legal rights. Understanding these rights empowers you to make informed decisions and ensure your protection throughout the legal process. Here are three fundamental rights that individuals have when facing prostitution-related charges:

The Right to Remain Silent

You have the constitutional right to remain silent when questioned by law enforcement or prosecutors. This means that you are not obligated to answer any questions that may incriminate you. Exercise this right to avoid inadvertently providing evidence that could be used against you.

The Right to an Attorney

You have the right to legal representation, regardless of your financial situation. If you cannot afford an attorney, one will be appointed to you. It is crucial to engage the services of an experienced criminal defense attorney who specializes in prostitution-related cases. Your attorney will provide guidance, protect your rights, and construct a strong defense strategy on your behalf.

The Right to a Fair Trial

Every individual accused of a crime, including prostitution offenses, is entitled to a fair trial. This means that you have the right to present your defense, challenge the evidence against you, cross-examine witnesses, and have a neutral judge or jury preside over your case. Ensuring fairness during the trial process is essential to protect your rights and attain a just outcome.

 

Engaging Legal Representation

Obtaining the services of an experienced criminal defense attorney holds immense importance when facing charges of this nature. Legal representation plays a crucial role in protecting your rights, guiding you through the complex legal process, and constructing a robust defense strategy tailored to your case.

 

Firstly, an attorney with expertise in prostitution laws possesses the in-depth knowledge required to analyze the specifics of your case. They understand the intricate legal nuances surrounding these offenses, enabling them to identify potential defenses and develop a strategic approach that aligns with your unique circumstances.

 

Additionally, a skilled attorney will ensure the protection of your rights throughout the legal proceedings. They will serve as your advocate, advising you on when to exercise your right to remain silent, ensuring law enforcement respects your fundamental rights during questioning or searches, and safeguarding you from self-incrimination.

Case Evaluation

A thorough case evaluation by an attorney can help immensely when it comes to prostitution offenses. A case evaluation involves a comprehensive review of the evidence, identification of potential defenses, and a careful assessment of the strength of the prosecution’s case.

 

One of the primary objectives of a case evaluation is the review of evidence. An attorney can scrutinize every piece of evidence related to the prostitution offense. This includes examining documents, phone records, surveillance footage, witness statements, and any other relevant materials. Through this process, attorneys search for any inconsistencies, errors, or gaps in the evidence that can cast doubt on the prosecution’s case. By carefully analyzing the evidence, attorneys can identify potential weaknesses or issues with its collection or presentation.

 

Assessing the strength of the prosecution’s case is also a vital component of case evaluation. Attorneys examine the quality and reliability of the evidence presented by the prosecution. They evaluate the credibility of witnesses, the accuracy of forensic tests, and whether the prosecution has met the burden of proof required for a conviction.

Defense Strategies

One common defense strategy in prostitution-related cases involves challenging the legality of the arrest. If law enforcement violated procedural rights during the arrest or obtained evidence illegally, it may be possible to have the charges dismissed or the evidence suppressed.

 

Questioning the credibility of witnesses or evidence is another effective defense strategy in prostitution cases. An attorney may cross-examine witnesses vigorously, highlighting any contradictions or biases to undermine their credibility. Additionally, attorneys critically assess the credibility and reliability of the evidence presented by the prosecution. This includes scrutinizing forensic tests, surveillance footage, or any other evidence that could be subject to interpretation or manipulation.

 

Negotiating for reduced charges or alternative resolutions is also a valuable defense strategy in prostitution-related cases. Attorneys may engage in plea bargaining with the prosecution to secure lesser charges or penalties. This could involve negotiating for a reduction from a prostitution offense to a lesser offense or seeking alternative resolutions like participation in diversion or rehabilitation programs. These programs aim to address the underlying issues that contribute to the involvement in prostitution and can present an opportunity for a more favorable outcome, such as a dismissal of charges upon successful completion.

Exploring Diversion Programs

When facing prostitution offenses, individuals may have the option to explore diversion programs or alternative sentencing options that can help address underlying issues while avoiding traditional criminal consequences. These programs are designed to divert individuals away from the standard criminal justice system and towards rehabilitative services. They recognize that many individuals involved in prostitution face complex challenges such as substance abuse, poverty, or exploitation. Instead of focusing solely on punishment, diversion programs aim to address the root causes of the behavior and provide support for rehabilitation.

 

It is important to note that eligibility for diversion programs may depend on factors such as prior criminal history, the nature of the offense, and the individual’s willingness to participate in treatment and counseling. Consulting with an experienced attorney is crucial to understanding the availability and suitability of diversion programs in a specific case.

Support and Resources

Seeking support during the legal process, especially in cases involving prostitution-related offenses, is crucial for individuals to navigate the challenges they may face. There are various resources available that can provide assistance, guidance, and emotional support to help individuals cope with legal proceedings.

 

One valuable resource to consider is counseling services. Engaging in therapy can offer individuals a safe and confidential space to explore their feelings, address trauma, and work toward personal growth. Licensed therapists or counselors with experience in supporting individuals involved in prostitution-related offenses can provide specialized care tailored to their unique needs.

 

Conclusion

In conclusion, when facing charges related to prostitution, it is crucial to understand your rights and explore your legal options. Engaging the services of an experienced criminal defense attorney can provide guidance, protect your rights, and develop a strong defense strategy. A thorough case evaluation helps identify potential defenses and assess the strength of the prosecution’s case. Defense strategies such as challenging the legality of the arrest, questioning witness credibility, and exploring alternative resolutions can strengthen your defense. Diversion programs and support resources are also available to address underlying issues and provide assistance during the legal process. By understanding your rights, utilizing available resources, and contacting an experienced criminal defense attorney, you can navigate prostitution offenses with confidence and work towards the best possible outcome in your case.

 

If you have been convicted of a sex crime in Wisconsin, you will most likely have to register as a sex offender on the state’s registry. The sex offender registry is a public resource, which means that law enforcement, current or potential employers, or any other member of the general public can view offenders’ sex crime convictions and whereabouts.

If you have been charged with a sex crime, an experienced sexual assault lawyer may be able to help you avoid consequences such as prison, fines, and sex offender registration. Sex offender registration is a serious social and legal consequence of sex crime convictions, but what exactly is the sex offender registry?

What Is The Sex Offender Registry?

The Wisconsin Sex Offender Registry is housed online and can be accessed by any member of the general public. Typically, registration includes offenders’ identifying information, terms of probation or supervision, a brief description of sex crime convictions, vehicle information, and employment details.

Some apps and websites, such as Family Watchdog, allow users to search for sex offenders by location and can show your residential address relative to schools and other nearby offenders.

What Are Some Of The Consequences Of Sex Offender Registration?

Given that registration details are so easily accessible, employers may use the database to determine your eligibility for certain jobs. While employment discrimination based on your criminal background is technically not permitted in most cases, in practice, many employers still check the sex offender registry before proceeding with a hire.

Sex offender registration may also limit housing opportunities. In many states, registered sex offenders cannot reside near schools, parks, playgrounds, or daycare centers. Depending on the circumstances of the conviction, housing may also be restricted near nursing homes, places of worship, or certain residences. Sex offenders currently living near these locations when convicted may have to relocate as a result of their conviction.

One of the most severe consequences of sex offender registration is social stigmatization. Even if you are not convicted, sex crime charges may be accompanied by similar social consequences. Friends and family members may distance themselves, and exclusion from social clubs or community events is not uncommon for those charged with a sex crime.

What Sex Crimes Require Sex Offender Registration? 

Some sex crime convictions require sex offender registration, while others do not. In Wisconsin, crimes that require sex offender registration include:

  • First, second, or third-degree sexual assault of an adult
  • First or second-degree sexual assault of a child
  • Repeated acts of sexual assault of the same child
  • Sexual exploitation by a therapist
  • Sexual exploitation of a child
  • Child trafficking
  • Forcing a child to be exposed to sexual activity
  • Incest involving a child
  • Child enticement
  • Using a computer to commit a child sex crime
  • Soliciting a child for prostitution
  • Child pornography possession

Your best option to combat the employment, housing, and social discrimination that accompanies sex offender registration is to retain a lawyer to help prove your innocence in court. An experienced sex crimes attorney will fight aggressively to protect your rights and demonstrate to the judge and jury that you do not belong on the sex offender registry.

Being charged with any crime is a shocking and scary experience. However, not all criminal charges are equal in their ability to derail your personal and professional life. Being accused or charged of a sex crime like sexual assault, solicitation of a minor, possession of child pornography – let alone convicted – can do immense harm to your personal reputation and future prospects.

Because of the serious nature of such offenses there is a tendency for the general public to set aside the concept of “innocent until proven guilty” when accusations of sex crimes arise. With your personal reputation facing damage right from the get-go, it is crucial to seek the help of an experienced criminal defense attorney as soon as you are accused, questioned or charged with a sexually-based offense.

The following tips are important to abide by after being accused of a sex crime:

  • DO NOT speak to the police: Anything you say can and will be used against you as the prosecution builds a case for putting you behind bars and onto the sex offender registry
  • DO speak to an attorney: Your attorney can handle interactions with investigators and prosecutors while you do your best to stay out of the spotlight.
  • DO NOT talk to your accuser: You cannot talk your way out of this and trying to will only make things harder on you and your defense attorney.
  • DO tell your side of the story to your attorney: Your attorney can hire an investigator to speak to witnesses in your case to try to confirm your version of events and discover facts that undercut the prosecution’s case.

When sex crimes are involved, it is best to get in touch with a defense attorney and leave the rest to them.

Early intervention is key in all criminal defense matters, but it can be argued that it is the most crucial when it comes to sex crime defense in Wisconsin.

You are innocent until proven guilty beyond a reasonable doubt, but waiting for the legal process to run its course in a sex crimes case can result in irreparable harm to your personal reputation, your standing in the community, and your future opportunities.

Accusations Alone Can Damage You

Being accused of a crime such as rape or child molestation is a nightmare. The accusation – let alone actual criminal charges – can turn your life upside down. The general public often rushes to judgment when sex crimes are alleged to have occurred. It does not matter whether this comes from a place of sensationalism and gossip or from a genuine desire to help victims. If you are accused of committing a sex crime you need to have a lawyer looking out for your interests right away.

There Is No Need to Wait For Charges

Do not talk if a detective shows up with questions about a potential sex crime. If you have reason to believe you are under investigation it is time to seek the advice of a proven sex crimes defense lawyer in Wisconsin. Anything you say can and will be used against you by law enforcement and the prosecution.

Early intervention by an attorney can help you avoid charges altogether or provide an opportunity to negotiate a plea agreement for a lesser offense.

The bottom line: time is not on your side if you face sex crimes charges. You need to be proactive in protecting your reputation, your rights, and your future.

Wisconsin’s child enticement law applies to more than just engaging or intending to engage in sexual acts with a minor. You could also face a charge for allegedly causing a child mental harm, giving a child a controlled substance, or intending to do either one of these. These charges are serious and require the help of an expert Wisconsin criminal defense attorney who can fight for you in court.

What the State Must Prove

Though the law states that intent is enough to prove guilt, the prosecutors still must prove intent. They must demonstrate that you planned to:

  • Lure a minor into a secluded area, building or vehicle
  • Engage in sexual acts with a minor, such as intercourse, sexual organ exposure, prostitution or filming sexual acts performed by a minor
  • Cause a child mental harm
  • Give a child a drug

Child enticement is often charged along with charges of sexual assault of a minor. Securing a criminal defense attorney who has experience with winning these cases can help you avoid the associated severe penalties.

What the Penalties Are

If you are convicted of child enticement in Wisconsin, you face penalties that could drastically alter your future, impacting every area of your life. Child enticement is considered a Class D felony, which carries with it penalties of up to $100,000, up to 25 years in prison, and mandatory registration as a sex offender.

What the Best Defense Entails

A Wisconsin criminal defense lawyer who understands child enticement laws can help you fight these charges in court. Defending these charges often involves:

  • Discrediting witness accounts and testimonies
  • Arguing that you were entrapped
  • Establishing that you had no intent of committing child enticement acts

In order to successfully beat child enticement charges, it is necessary to have experience behind you each step of the way.

Where To Find Wisconsin Criminal Defense Attorneys

Attorney Jeffery Kippa and his team offer clients a fighting chance in court. We are serious about getting you the best possible outcomes for your case, using every available means. Contact us today, so we can guide you through this process.

Your attorney's experience can make all the difference when your future is on the line. Learn how attorney Jeffrey Kippa can help you move forward.

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