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Rape - AKA Forcible Rape - (Sexual Assault In Wisconsin)

At common law, rape is defined as unlawful sexual activity (especially intercourse) with a person (usually a female) without consent and usually by force or threat of injury. Under traditional common law, rape was defined as sexual intercourse committed by a man with a woman not his wife through force or against her will.

In the state of Wisconsin, the crime of rape is called sexual assault.

Consent

The crime of rape requires that there is a lack of consent. Under traditional common law, the requirements of consent were stricter, and the law leaned towards actual consent, as opposed to inferred or implied consent. However, under modern common law, the requirements to prove consent are not as strict. While the prosecution must still prove that consent was lacking, the defense may present evidence that infers consent.

Mistaken Consent

Under traditional common law, mistaken consent was not considered; conversely, today's common law allows testimony and evidence to prove that consent may have reasonably been mistakenly understood to have been given by the victim. That proof of mistaken consent then forms the basis of an excuse under common law, and excuse is an affirmative defense that if proven can lead to an acquittal of the charges.

Husband Rape Wife

Today, jurisdictions are divided on the question of whether a husband can rape his wife; the majority hold that he cannot, but a minority hold that he can.

In Wisconsin, the law recognizes that a husband can rape his wife and bases that premise on the fact of whether she denied consent.

Statutory Rape

At common law, statutory rape is sexual intercourse with a female not the wife of the defendant who is under the statutory age, incapacitated by mental defect or otherwise incapable of legal consent. In some jurisdictions, a reasonable good faith mistake may excuse liability for statutory rape.

Perpetrator's Age

Under traditional common law, a boy had to have attained the age of 14 years in order to be considered by the law as being able to rape a female. Under modern common law, the majority of jurisdictions still hold the age limit of 14 years, but also hold the age limitation as a refutable fact. In those jurisdictions, if the defendant is under 14 years of age, it is presumed that he is incapable of rape, but if it can be proven otherwise, he can be found criminally liable for the crime of rape.

Contact Van Wagner & Wood

Van Wagner & Wood, S.C.
608-284-1200

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Offices of Van Wagner & Wood

Van Wagner & Wood's office is located at Martin Luther King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside of the first circle surrounding the capitol building. You can park under the building by entering the parking lot from Doty Street. If you park under 10 East Doty, the offices of Van Wagner & Wood will validate your parking ticket so that you do not have to pay to park. If the parking ramp is full, there are numerous parking places surrounding 10 East Doty, as well as a public parking ramp on State street.

Appeals & Serious Crimes - Homicide - Murder

Van Wagner & Wood's criminal defense lawyers handle appeals to both the Appellate Court and the Supreme Court, as well as both state and Federal court systems for people convicted of a crime who believe their conviction or sentence were wrong. Most often, the appeals that they handle are to federal court because very few attorneys handle these types of appeals; Attorney Chris Van Wagner was a US Attorney in Wisconsin before entering private practice. Often times, people from across the United States hire Attorney Van Wagner for a Federal or a state appeal for serious crimes including homicide, RICO (Racketeering), felony murder, negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin Supreme Court for charges or convictions stemming from a Wisconsin trial.

Federal Crimes

Drug Crimes

Adams (Adams, Wisconsin Dells), Ashland (Ashland), Barron (Barron), Bayfield (Washburn, Bayfield), Buffalo (Buffalo City, Mondovi), Burnett (Siren), Chippewa (Chippewa Falls), Clark (Abbotsford), Columbia (Columbus), Crawford (Prairie du Chien), Dane (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Douglas (Superior), Dunn (Menomonie), Eau Claire (Abbotsford, Eau Claire), Grant (Mount Hope, Lancaster, Fennimore), Green (Monroe), Iowa (Mineral Point, Dodgeville), Jackson (Black River Falls), Jefferson (Jefferson), Juneau (Mauston), La Crosse (LaCrosse, Lafayette, Darlington), Marathon (Wausau), Monroe (Sparta), Pepin (Durand), Pierce (River Falls), Polk (St Croix Falls), Portage (Stevens Point), Price (Park Falls), Richland (Richland Center), Rock (Janesville), Rusk (Ladysmith), St Croix (Hudson), Sauk (Sauk City), Taylor (Medford), Trempealeau (Whitehall), Washburn (Spooner), and Wood (Wisconsin Dells) counties.

Drunk Driving (OWI, DUI, DWI)

Sexual Assault & Sex Crimes