sexual assault
wisconsin
Sexual assault, previously known under Wisconsin laws as rape, is unconsented sexual contact or sexual intercourse with another person.
Degrees of Sexual Assault
The crime of sexual assault is divided into classifications called "degrees" ranging from first to fourth degree. The alleged actions involved in a sexual assault act determine the degree of sexual assault charged by the district attorney.
Sexual Assault Classifications
Jury verdicts
A jury would be expected to determine their decision of whether the alleged defendant is guilty of the crime based on the provable actions of the alleged defendant and facts surrounding those actions.
sentencing
First degree sexual assault is punishable by the greatest penalties, and fourth degree sexual assault by the least.
consent by an adult
Under Wisconsin laws, a (sane) adult is presumed to have the capacity to give or withhold consent to have sexual contact or sexual intercourse with another person. Exceptions exist however, such as if the adult is unconscious or intoxicated. Consent is a frequently contested matter. Under Wisconsin laws, a child however cannot give consent to have any form of sexual contact including intercourse because the law recognizes that a child does not possess the mental capacity to give consent.
See Also: Sexual Assault Trial Wins: Not Guilty, Sexual Assault Unconscious Victim
Sexual assault of child
Under Wisconsin laws, any form of sexual contact, including intercourse, fondling or touching, is illegal. Even if a child acts as if or verbally expresses consent to have sex, the law never recognizes that consent because a child does not possess the ability to give consent to engage in any form of sexual contact or sexual intercourse with another person (adult or child).
See Also: Sexual Assault Trial Wins: Not Guilty, sexual assault of child, Dane County
Not Guilty, sexual assault of child, repeated acts, Crawford County
Not Guilty, Sexual Assault of Child, Repeated Acts Marathon County
Not Guilty, Sexual Assault of Child, Eau Claire County
Dismissed, 9 Felony Counts Sexual Assault of Child, Columbia County
Not Guilty, two counts sexual assault of child, repeated acts, dane county
attempt vs. completed crime of sexual assault
Under Wisconsin laws, an attempt to commit a rape is a sexual assault; sexual assault is prohibited by law. The terms of 'rape' and 'sexual assault' are interchanged in common conversations, but the two differ. The crime of rape no longer exists in Wisconsin laws; it was replaced by the crime of sexual assault. The previous crime of rape was charged when a person was assaulted and raped - forced to have sexual intercourse. An assault includes creating apprehension in another person, whether or not that apprehension is valid or any physical battery occurs after the fact of creating the apprehension. Retiring the charge of rape and creating the charge of a sexual assault meant that people could be charged for an attempt of rape because an attempt to rape includes creating a fear or apprehension in the victim that a rape will occur, as well as touching or threatening, which are assaults, not rapes. The crime of sexual assault then expanded the crime of rape to include those acts preliminary to the previous rape crime including attempts.
Rape vs. Sexual Assault
Under common law, and Wisconsin previous criminal rape law, the crime of rape existed to charge people who forced another person to have sexual intercourse. Obviously, that left many acts in the gray area - if a rape was not completed or even attempted, but all other acts by the perpetrator would cause the victim to believe that she or he would be raped, the rape charge couldn't be pursued. The criminal charge of rape required proof of penetration.
Because legislators saw the acts preliminary to penetration, and the acts not preliminary to penetration but causing a victim to fear rape, as criminal in nature, the rape crime was replaced with the crime of sexual assault.
Sexual assault can be thought of as two crimes combined into one. An assault is an action by one person that causes another to become apprehensive that some harm may come to them. An assault can include a threat to do harm, as well as a physical touching, and a battery (a physical harm). When stated as a sexual assault, the crimes that the law is seeking to prohibit include all actions from verbal threats to rape to rape and touching, fondling, sexual acts and even exposure to pornography or genitals. The portion of Wisconsin's criminal code that prohibits sexual acts is quite broad. It includes four degrees of sexual assault, public gratification, exposure of a minor to pornography and child pornography, among others.
Madison's best criminal defense lawyers
The criminal defense lawyers of Van Wagner & Wood, Attorney Christopher T. Van Wagner and Attorney Tracey A. Wood, defend people against criminal charges. If you are under investigation for a sex crime, if you have been charged with a sexual assault or other sex crime, or if you have already been convicted and believe your conviction was wrong or your sentence was unduly harsh, contact Van Wagner & Wood.
For a confidential professional first analysis of
the case against you, please contact Van Wagner & Wood right away.
Van Wagner & Wood Will Defend You
Regardless of the charges against you, the criminal defense lawyers at
Van Wagner & Wood will defend you. When you place your trust in the
hands of Van Wagner & Wood's attorneys, you can rest assured that
you have done all that you can to ensure the best possible outcome. The
criminal defense lawyers of Van Wagner & Wood have won several outright
acquittals for their clients, and while there are no guarantees, their
record clearly reflects their hard work, their intelligent and professional
approach to their cases, and their skill in developing a strategy that
fits an individual client’s case, while drawing upon their knowledge,
experience and skill from past cases.successful criminal defense attorneys.
Attorney Chris Van Wagner
Attorney Chris Van Wagner has handled nearly one hundred felony trials
in his twenty-plus years as an attorney. His trial cases have ranged from
low-level offense all the way to sexual assault, homicide and “domestic
terrorism”. Chris has handled matters in rural and urban counties,
not to mention the hardened criminal courtrooms of Chicago, Illinois and
Trenton, New Jersey, winning cases he was expected to lose quickly.
Attorney Van Wagner's jury trial record is more than impressive. In his early years in private practice (after 13 years as a Federal and State Prosecutor), he earned many awards for his perfect high profile murder acquittals (not guilty verdicts). In just the past ten years, he's taken numerous sexual assault cases to jury trial and won them with the exception of one that is still on appeal.
Attorney
Tracey Wood
Attorney
Tracey Wood won an outright acquittal in a case that made the national
headlines a few years ago, when her client was cleared of any wrongdoing
in a wide-ranging and emboldened conspiracy scheme that actually stole
missile launchers and military tanks from the Ft. McCoy military base
in northern Wisconsin. All but one other defendant in that case went to
federal prison for years.
In a recent jury trial of her client who was charged with sexual assault of an unconcious victim, Attorney Wood won an acquittal for her client.
In addition to this solid and successful trial
history, Chris and Tracey have also argued and won appeals to the state
and federal courts.
Free Confidential initial consultation
If you are under investigation for a crime or drunk driving offense, if
you have already been charged with a crime or drunk driving violation,
or if you have already been convicted but believe your conviction or your
sentence were wrong, please call (608-284-1200 or 1-888-663-8163) or e-mail the attorneys
at Van Wagner & Wood right away. They will give you a brief but professional
“first-impression” analysis of your case and your situation,
which will allow you to take an important first step in defending the
case against you.
Contact Van
Wagner & Wood
Sexual Assault
