For information about rape between spouses, see our article on Marital Rape Laws. First degree sexual assault of a child occurs when there is sexual contact sexual touching, even over clothing, without penetration or intercourse sexual penetration, however slight, with an object or body part between a minor who is 12 or younger, and a defendant of any age.
Wisconsin Age of Consent Lawyers
This offense is a class B felony , which incurs up to 60 years in prison. Second degree sexual assault of a child occurs when there is sexual contact between a minor who is 13 or 14 years old and a defendant of any age, or sexual contact between a minor who is 15 years old and a defendant who is 19 or older. Underage sexual activity involves the following, unless the defendant is the minor's spouse described below:. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including statutory rape must register as sex offenders.
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Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married.
What is the Age of Consent for Sexual Activity in Wisconsin?
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But in Wisconsin, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.
Many states have "Romeo and Juliet" exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment. In Wisconsin, there is a Romeo and Juliet exemption for consensual sexual contact between a year-year old and someone younger than 19, or consensual sexual intercourse between a minor who is 15, 16, or 17 and someone younger than However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.taylor.evolt.org/hexi-cantillana-web.php
Wisconsin Age of Consent & Statutory Rape Laws
The conduct is still illegal unless the pair is married , but someone protected by this exception will face the possibility of smaller fines and reduced jail time. Sexual contact with someone younger than 15, however, is always a felony, and a conviction can result in significant prison time, fines, or both.
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If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time ; and will know how prosecutors and judges typically handle cases like yours.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. Wisconsin statutory rape law is violated when a person has consensual sexual intercourse with an individual under age Wisconsin does not have a close-in-age exemption.
Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. Because there is no such "Romeo and Juliet law" in Wisconsin, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare.
Wisconsin Statutory Rape Laws
Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws. Wisconsin has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state.
Wisconsin’s Statutory Rape Laws and Potential Penalties
One or more of these charges may be used to prosecute violations of the Wisconsin Age of Consent, as statutory rape or the Wisconsin equivalent of that charge. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.
Click any charge for more detailed information. Back to list of state ages of consent View international ages of consent.