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.
See Also: Sexual Assault Trial Wins: Not Guilty, Sexual Assault Unconscious Victim
Sexual assault of child
Under Wisconsin laws, a child never possesses 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. In other words, the common law provided the crime of rape, which was the completed act of having sexual intercourse with antoher person. Under current Wisconsin law, rape is no longer charged as the offense for unconcentual sexual intercourse; both an attempt to commit and a completed act of committing a rape are charged as a sexual assault.
Rape vs. Sexual Assault
Rape is the common law terminiology for Wisconsin's present day sexual assault offense.
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Attorney
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