Wisconsin’s laws define the crime of fourth degree sexual assault as any sexual contact without consent. To be convicted, the government must prove the defendant had sexual contact with the victim and that the victim did not consent to the sexual contact. This includes any unwanted groping of a victim's body for arousal.
While 4th degree is the least-serious level of sexual assault, it can be a very serious matter. Short of intercourse, this type of offense can cover anything from what one person may think is an “innocent butt slap” over the jeans, all the way up to groping under clothes.
As 4th degree sexual assault can cover various forms of conduct, there are certain things that are necessary for an act to be considered a 4th degree sexual assault.
If you have been charged with 4th degree sexual assault or have been accused of it, you will want an attorney who specializes in criminal defense.
Who 4th Degree Sexual Assault Impacts
4th degree sexual assault can involve any gender. While it is most commonly male-on-female it can also be female-on-male assault. Individuals that are of the same sex can also commit a 4th degree sexual assault.
Age and 4th Degree Sexual Assault
As for age, 16 years old is the general cutoff. Meaning, if the victim is under the age of 16, the offense often jumps from a 4th degree Sexual assault up to a 2nd degree sexual assault of a child. This greater charge is a class C Felony punishable by up to 40 years in prison and/or a fine of $100,000.00.
While some states may classify a “Romeo & Juliet” type scenario as a 4th degree sexual assault, that does not specifically fall under the category of a 4th degree sexual assault in Wisconsin. Instead, that would be a fact-specific matter.