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If a statutory rape is convicted in Glendale, Wisconsin, the offender could face one of three penalties. If it involves a child under 13 years old, it could mean up to 60 years in prison; if it involves a minor under 16, it could mean up to a $100,000 fine, 40 years in prison or both. Other penalties vary based on the age of the victim and other factors.
Penalties for Statutory Rape in Wisconsin
Depending on how severe the sexual assault charge, statutory rape is either a felony or a misdemeanor. Based on the classification of the crime, it will be determined if it is a felony or a misdemeanor.
First-degree sexual assault of a child:
- If the victim is 13 years old or younger and results in an injury, it is a Class A felony which could mean life in prison
- If the victim is 13 years old or younger and no injury occurred, it is a Class B felony which could mean up to 60 years in prison
Second-degree sexual assault of a child:
- Class C felony
- Maximum sentence of 40 years in prison
- And/or fines up to $100,000
Third-degree sexual assault of a child:
- Class G felony
- Maximum sentence of 10 years in prison
- And/or fines up to $25,000
Sexual intercourse with a child 16 or older
- Class A misdemeanor
- Maximum penalties 9 months in jail
- And/or of a $10,000 fine
Underage sexual activity:
- Class A misdemeanor
- Maximum sentence of 9 months in prison
- And/or fines up to $10,000
Failure to Act:
- Class F felony
- Maximum 12.5 years in prison
- And/or fines up to $25,000
What if I’m facing statutory rape charges?
If you have been arrested on statutory rape charges in Wisconsin, no matter what your sentence, you will be forced to register as a sex offender on the National Sex Offender Registry. Among other things, being registered as a sex offender will mean you will no longer be allowed any contact with minors. Having this mark on your record will make it difficult to rent an apartment, get a job, or apply for loans.
What is statutory rape?
The Age of Consent in Wisconsin is 18. This means 18 is the minimum age at which an individual is legally able to consent to sexual activities. If a person has sex with someone who is 17 or younger, even with prior consent; they will receive a statutory rape charge in the state of Wisconsin. This is a very serious charge and can bring with it severe punishments, including life in prison.
Statutory rape is also known as sexual assault of a child and has varying degrees of severity, depending on the age of the victim. Until recent change in law, it was common to see teens getting charged with Second Degree Sexual Assault of a Child after having consensual sex with someone just because they were both under the age of 18. The law has not made significant changes, however, it has improved.
First-degree sexual assault of a child is:
- Any sexual contact or sexual intercourse with someone who is age 13 or younger
- Sexual intercourse with a person 12 or younger
- Sexual intercourse with a person who is 16 or younger under threat of force or violence
- Sexual contact with a person 16 or younger with threat of force or violence; if the actor is at least 18 years of age with sexual contact occurs
Second-degree sexual assault of a child is:
- Sexual contact or intercourse with a person who is age 16 or younger
Sexual intercourse with a child 16 or older
- Sexual intercourse between a minor who is 16 or 17 (at 18 it is not illegal) and someone who is 19 or older.
Underage sexual activity
- Sexual contact between a 15-year-old and someone under the age of 19.
- Sexual intercourse between a minor who is aged 15-17 and someone under the age of 19.
Until relatively recently, there have been laws established known as Romeo Juliet Laws. This law applies to individuals under 18 who are having consensual sex. However, consent is a requirement. If there is a question of consent, then the second-degree sexual assault of a child applies.
Genuinely believing he/she was older than they claimed is not a reasonable defense option in the state of Wisconsin. Our Glendale sexual assault defense attorneys know how to help with these complicated legal situations.
Failure to Act
It is also a felony if you knowingly fail to protect a child from the victim. This is known as “Failure to Act.” When the person responsible for the welfare of a child 16 or younger is physically or emotionally capable of taking action against an actor to prevent the assault from happening or happening again, there is failure to act.
Laws for statutory rape and sexual assault of a child in Wisconsin are complicated and nuanced. Navigating the laws alone is not advisable. Instead, you should call the statutory rape attorneys at Grieve Law to help you with your case.
If you know a child who is being sexually abused, call the police immediately; or call Childhelp, The National Child Abuse Hotline, at 1-800-4-A-CHILD (1-800-422-4453)
Romeo and Juliet Laws Do NOT Exist in Wisconsin
In some states “Romeo and Juliet” clauses create exceptions to statutory rape laws. If one person is 17 or younger, and their romantic partner is within 3 years of age, statutory rape will not be pursued as long as the sexual intercourse is consensual. This does NOT exist in Wisconsin, allowing for a greater number of teenagers being charged with statutory rape.
How Long Would a Statutory Rape Conviction Stay on My Record?
If convicted of statutory rape, the conviction will remain on your record for life. Not only will the conviction remain, but you may also be required to register as a sex offender for life as well. While the lower level misdemeanor convictions may be expungable, it would require a very specific set for circumstances in your case. People can also petition for a Governor’s Pardon, however, those are extremely rare, if even possible. Long story short, it will be on your record for life if convicted, so avoiding a conviction of statutory rape all together is your best bet.
How to Beat a Statutory Rape Charge
There are certain challenges an experienced attorney is able to make in a statutory rape case. Looking at the facts of the case we are constantly questioning everything. How accurate and reliable is the story that the police are being told? Is there a jealous ex involved? On felony levels too, was it actually consensual? What was the extent of sexual contact? Did it even occur? You need an experienced and knowledgeable criminal defense team by your side to fight every step of the way.
Grieve Law offers flexible payment plans because we genuinely want to help with your case. These payment plans allow you to get the quality representation you need with an experienced Whitefish Bay criminal defense attorney who can build a case to get your charges reduced or dropped.
