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Sex crime penalties vary by severity of the conviction. A second-degree sexual assault in Waukesha County, for instance, is a Class C felony according to Wisconsin state statute and could result in 40 years in prison, a fine of up to $100,000 or both.
If you are facing sexual assault charges in Brookfield or Waukesha, call Grieve Law's criminal defense attorneys for a free case consultation.
1st-degree sexual assault is a class B felony that carries up to 60 years in prison and lifetime registration on the sex offender registry. If the victim of a first degree sexual assault suffers any injury and is under 13 years old, penalties could be up to life in prison.
2nd-degree sexual assault is a class C felony that carries a maximum penalty of up to 40 years in prison, a $100,000 fine, or both. A conviction for 2nd-degree sexual assault could also result in registration on the sex offender registry for at least 15 years. 2nd-degree sexual assault can be charged when a person has sexual contact by the threat of force or violence or sexual contact that results in injury, disease, or mental anguish requiring psychiatric care. It can also be charged if the victim is intoxicated, unconscious, mentally impaired, or when a caregiver has sex with a patient or a prison guard has sex with an inmate. Sexual contact with a child under 16 that does not include threat or violence and does not result in injury can also be charged as 2nd-degree sexual assault.
3rd-degree sexual assault includes ejaculating, urinating, or defaecating on someone, and any other non-consensual sex. 3rd-degree sexual assault is a class G felony that carries up to 10 years in prison and/or a $25,000 fine. A conviction may also result in registration on the sex offender registry.
4th-degree sexual assault is any other non-consensual sexual contact that does not include intercourse. Contact with a person over the clothing would fall into this category. For example, if a person is out at a bar and grabs a woman's butt without her consent, that person could be charged with 4th-degree sexual assault. 4th-degree sexual assault is a class A misdemeanor that carries up to 9 months in jail and up to a $10,000 fine. The court could also order that you register as a sex offender for a period of time.
For some offenses, registration on the sex offender registry is mandatory under the law. In some situations, it is discretionary, meaning the court can decide whether a person should be required to register as a sex offender. However, all sex offenses carry the potential for registration.
In Wisconsin, Sexual Assault can be charged for many different reasons. Sexual assault is commonly referred to as rape, but sexual assault does not require that sexual intercourse occurs. A person can be charged with sexual assault for any non-consensual touching that occurs, even if it is over the clothing. All sexual assault charges carry potential jail time, fines, and possible registry on the sex offender registry. Many sex assault charges are felonies and have potential prison time as well.
Sexual assault is separated by degree in Wisconsin. First Degree Sexual Assault occurs in 4 types of situations.
City |
Rape |
Sodomy/Oral Sex |
Sexual Assault With an Object |
Fondling |
Incest |
Statutory Rape |
All Sex Offenses |
|---|---|---|---|---|---|---|---|
| Big Bend | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Brookfield | 5 | 0 | 0 | 7 | 0 | 3 | 15 |
| Brookfield Town | 1 | 0 | 0 | 1 | 0 | 0 | 2 |
| Butler | 1 | 0 | 0 | 1 | 0 | 0 | 2 |
| Chenequa | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Delafield | 1 | 0 | 0 | 1 | 0 | 4 | 6 |
| Eagle | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Elm Grove | 0 | 0 | 0 | 1 | 0 | 0 | 1 |
| Hartland | 0 | 0 | 0 | 2 | 0 | 5 | 7 |
| Menomonee Falls | 9 | 0 | 0 | 10 | 0 | 4 | 23 |
| Mukwonago | 0 | 0 | 0 | 1 | 0 | 1 | 2 |
| Mukwonago Town | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Muskego | 0 | 0 | 0 | 6 | 0 | 1 | 7 |
| New Berlin | 3 | 0 | 0 | 18 | 0 | 6 | 27 |
| North Prairie | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Oconomowoc Lake | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Oconomowoc | 1 | 1 | 0 | 6 | 0 | 0 | 8 |
| Oconomowoc Town | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Pewaukiee | 0 | 0 | 0 | 3 | 0 | 2 | 5 |
| Summit | 0 | 0 | 0 | 7 | 0 | 2 | 9 |
| Waukesha Co | 15 | 0 | 0 | 13 | 0 | 5 | 33 |
| Waukesha | 20 | 1 | 1 | 55 | 0 | 7 | 84 |
| Total | 56 | 2 | 1 | 132 | 0 | 40 | 231 |
A conviction for a sex assault charge will remain on your record for the rest of your life. In addition to the jail time and financial penalties you face, you could also be looking at lifetime sex offender registration. A record of your conviction will also remain on CCAP, Wisconsin’s Circuit Court Access Program which is available for view by the public. Any conviction for sex assault will have significant, long-lasting impacts on your abilities to gain employment, professional licenses, and housing.
Often in sex assault cases the evidence in the case is he said/she said. One party will allege that nonconsensual sex happened, and the other party indicates that any contact that did happen was consensual. In these cases, it is important to have a skilled, knowledgeable attorney representing you to put you in the best position possible to avoid a wrongful conviction. Our team of award-winning Waukesha sex assault attorneys can review your case and discuss with you any defenses you may have so you are not faced with a lifetime of embarrassment and a ruined reputation from a false charge.
