Statutory rape convictions reach a maximum fine of $100,000 and/or 40 years in prison as a Class C felony. If the statutory rape involved a minor under 13 years old, you’re facing 60 years in prison and a Class B felony.
Penalties for Statutory Rape in Mequon, WI
Penalties for First-Degree Sexual Assault of a Child
Age |
Injury |
Felony Type |
Maximum Jail Sentence | |
---|---|---|---|---|
1st Degree | 13 or younger | yes | Class A | Life |
1st Degree | 13 or younger | no | Class B | 60 years |
Penalties for Second Degree, Third Degree, Underage Sexual Activity & Failure to Act
Felony Type |
Maximum Jail Sentence | |
---|---|---|
2nd Degree | Class C | 40 years |
3rd Degree | Class G | 10 years |
Underage Sexual Activity | Class A | 9 months |
Failure to Act | Class F | 12.5 years |
Fines for the Sexual Assault of a Child
Maximum Fine | |
---|---|
2nd Degree | $100,000 |
3rd Degree | $25,000 |
Underage Sexual Activity | $10,000 |
Failure to Act | $25,000 |
Guidelines for Statutory Rape Charges in Wisconsin
First-Degree Sexual Assault of a Child
- 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
- Sexual contact or intercourse with a person who is age 16 or younger
Underage sexual activity
The law gets more complicated under Wisconsin Statute 948.09, which states that sexual intercourse with a child 16 or older is in direct violation of the law. Meaning anyone age 18 or older who has sexual intercourse with a boy or girl age 16 or 17 will be facing a Class A misdemeanor.
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.
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)
Statutory Rape Lawyer with Free Consultations in Mequon
If you need a statutory rape lawyer, work with Grieve Law. You need an experienced and knowledgeable criminal defense team by your side to fight every step of the way. Believing you can navigate tricky statutory rape charges alone is a mistake you and your family cannot afford.
Contact Grieve Law if you need a statutory rape lawyer in Mequon, WI.
How Long Statutory Rape Stays On Your Record
Statutory rape will stay on your record for life if you’re convicted. You’ll likely have 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 of circumstances in your case. People can also petition for a Governor’s Pardon, however, those are extremely rare, if even possible. Avoiding a conviction of statutory rape all together is your best bet.
How to Beat Statutory Rape Charges in Wisconsin
Genuinely believing he/she was older than they claimed is not a reasonable defense option in the state of Wisconsin. A reasonable defense is to examine the accuracy and reliability of the story 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? Grieve Law will thoroughly look over your case and present a strong defense.