Fourth Degree Sexual Assault is Class A Misdemeanor offense punishable by a fine of up to $10,000, or imprisonment of up to 9 years, or both. Repeat offenders are subject to additional imprisonment.
Wisconsin law defines fourth degree sexual assault as a sexual contact with a person without the consent of that person.
A molestation is a Fourth Degree Sexual Assault upon the person who was molested.
If the sexual contact was an intentional touching by the use of a body part or an object upon the defendant's intimate parts, or upon the intitmate parts of another if by instruction of the defendant, a third degree sexual assault occured.
If the act constituted more than a sexual contact, the appropriate charge is a greater offense than 4th Degree Sexual Assault.
Under Wisconsin laws, consent in a sexual assault criminal charge means that words were spoken or some overt action was taken by the alleged victim, and that person was competent to give informed consent that indicated that she was giving agreement to have sexual contact or sexual intercourse, with the exception of a person who is suffering from a mental illness or defect that impairs capacity to discern personal conduct or is unconscious or physically unable to communicate unwillingness to an act. Consent is not at issue if the criminal charge is accusing the defendant of having sexual contact or sexually assaulting a person who lacks the ability to give consent.
Sexual Assault Defense Lawyers
If you are under investigation for a sexual assault, if you have been arrested on sexual assault charges, or if you have already been convicted of sexual assault and believe your conviction or sentence were wrong, please call (608-284-1200 or 1-888-663-8163) right away to speak with an attorney at Van Wagner & Wood. Those attorneys will give you a brief but professional "first-impression" analysis of the case against you so that you can take that first critical step in defending yourself.
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