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First-degree sexual assault of a child is a class B felony that carries up to 60 years in prison. It is a class A felony punishable by life in prison if the victim is under the age of 13 and is caused great bodily harm; pregnancy is considered great bodily harm.
Statutory Rape in Racine or Kenosha County
Statutory rape is consensual sexual conduct that is illegal only because one of the actors is not old enough to consent at the time of the sexual conduct. To legally consent to sexual activity in Wisconsin you must be 18 years old. Most frequently this occurs in a relationship where one person is a few years older than the other where the younger is under 18 (for example a 20 year old with a 16 year old).
Statutory rape is legally defined as the sexual assault of a child. To be charged with First Degree Sexual Assault of a Child, you must engage in any of the following actions:
- sexual contact or intercourse with someone younger than 13
- sexual intercourse with someone younger than 12
- sexual intercourse with someone younger than 16 by use or threat of force or violence
- sexual contact with a person younger than 16 by use or threat of force or violence with the actor 18 years or older at the time of the contact
In Wisconsin sexual intercourse is defined as:
- any intrusion, however slight, of any body part of the victim, including any object inserted in the genital or anal opening of the victim
- oral or anal sex between two or more people
- sexual intercourse does not require ejaculation to be charged
If at the time of sexual intercourse the actor is 19 years or older and the child is older than 16 it is a class A misdemeanor, which is punishable by up to 9 months in jail, a fine up to $10,000 or both.
Statutory Rape Penalties
Second-degree sexual assault of a child:
Sexual contact or intercourse with someone under the age of 16 is a second-degree sexual assault and comes with the following penalties:
- Class C felony
- Maximum sentence of 40 years in prison
- And/or fines up to $100,000
Underage sexual activity:
Wisconsin Statute 948.09 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 and the following penalties:
- Maximum sentence of 9 months in prison
- And/or fines up to $10,000
Failure to Act
It is also a felony if you knowingly fail to protect a child from the actor. 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. Failure to act penalties include:
- Class F felony
- Maximum 12.5 years in prison
- And/or fines up to $25,000
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)
Contact our Racine & Kenosha statutory rape defense lawyers for a free legal consultation today.
How long does statutory rape stay on my record?
Any sexual assault conviction will stay on your record permanently. Beyond the jail or prison time and financial penalties, you may also have to register as a sex offender. Any sexual assault conviction will have a life-long impact on your ability to find a job, getting housing or a loan. CCAP, Wisconsin’s Circuit Court Access Program, keeps public records of all convictions and a conviction for sexual assault will haunt you for the rest of your life.
How to beat a statutory rape charge
A statutory rape case may be challengeable in a number of different ways. Our knowledgeable Racine and Kenosha lawyers will review your case and work together to determine the best possible defense for your case. A prosecutor must prove that both sexual conduct or intercourse took place and that at the time the victim had not obtained legal consenting age. Proving sexual conduct or intercourse can often be difficult in these cases, based on when the allegations arise, leaving the victim’s statement as the only evidence for the prosecutor to rely on. Reach out to our award-winning Racine and Kenosha lawyers to evaluate your case and determine how best to fight against your charges to avoid a wrongful conviction.
