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Statutory rape in Milwaukee, Wisconsin involving minors under the age of 13 is a Class B felony with a penalty of up to 60 years in prison. Statutory rape of a minor under age 16 is a Class C felony punishable by up to 40 years in prison and with a potential fine of up to $100,000.
Second degree sexual assault of a child occurs when there is sexual contact or intercourse between a minor aged 13 to 15 and a defendant of any age. This is a Class C felony and carries maximum penalties of a $100,000 fine, 40 years in prison, or both. It will also come with a lifetime on the sex offender registry.
Underage sexual activity is also a Class A misdemeanor with penalties of up to 9 months in jail, a $10,000 fine or both. This crime occurs when there is sexual contact between a 15 year old and someone under the age of 19. It can also occur when there is sexual intercourse between a minor who is aged 15-17 and someone under the age of 19. Note the differences in each situation when it comes to sexual contact versus sexual intercourse – sexual contact does not involve any sort of penetration.
It is important to be very mindful of the age requirements for these charges. Second degree sexual assault can occur for a child who is at least 13 years of age and under 15 years of age. Even more seriously, then, is sexual contact or intercourse with someone under the age of 13. This is a Class B felony, which comes with maximum penalties of 60 years in prison and a lifetime on the sex offender registry.
In Wisconsin, we often think of charges for statutory rape as someone much older who sexually assaults someone who is under the age of consent. In Wisconsin, the age of consent is 18. While the state allows someone to be charged as an adult at 17 or even younger, the age of consent for sexual intercourse is 18. You can be charged with sexual assault of a child if the person you have intercourse with is under the age of 18.
Underage sexual activity in Wisconsin is considered a Class A misdemeanor that comes with maximum penalties of a $10,000 fine, 9 months in jail, or both.
How long will these charges stay on my record?
Not only will these charges stay on your record forever, you may also be required to register as a sex offender for the rest of your life. Underage sexual activity and sexual intercourse with a child 16 or older are misdemeanors and while they may be expungable and sealed, the criminal conviction will remain in place.
How to beat statutory rape charges
We see a lot of underage sexual assault charges where teenagers are having consensual sex and a parent gets upset and then reports it to the police. If it is consensual and the parties are the right age, getting it first reduced to a misdemeanor instead of a serious felony is a great first step. Even at a misdemeanor level, how reliable is the story that the police are being told? Is there just jealousy involved? Was it consensual? What was the extent of the contact? Did it even happen that way? You need a strong criminal defense team by your side to fight every step of the way. These charges can land you with lifelong penalties, even at a very young age.
