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Madison WI
Sexual Assault Defense Lawyer Attorney
When
most people think of sexual assault, they think of forcible rape,
date rape or statutory rape. In Wisconsin, these different types of
rape have been incorporated into the adult sexual assault and child
sexual assault statutes.
Fourth Degree Sexual Assault
Fourth Degree Sexual Assault is a misdemeanor in Wisconsin and carries a maximum
penalty of 9 months jail and a $10,000 fine. Fourth degree sexual
assault is defined as sexual contact without consent.
Third Degree Sexual Assault
This sex crime is a Class G felony in Wisconsin, with a maximum
penalty of 10 years prison and $25,000 fine. Third Degree Sexual
Assault is defined at sexual intercourse with a person without
consent, or sexual contact under certain circumstances. What most
people call date rape typically falls into the category of Third
Degree Sexual Assault.
Second Degree Sexual Assault
Second degree sexual assault is a Class C felony in Wisconsin, with a maximum
penalty of 40 years prison and $100,000 fine. Second degree sexual
assault includes the following:
1.
Sexual contact or intercourse with another person without consent by
use or threat of force of violence
2.
Sexual contact or intercourse with another person without consent
that causes injury, illness, disease, or impairment of a sexual or
reproductive organ, or mental anguish requiring psychiatric care for
the victim
3.
Sexual contact or intercourse with another person who suffers from a
mental illness or deficiency which renders that person temporarily
or permanently incapable of appraising the person's conduct and the
defendant knows of such condition. Note that consent is not an
issue.
4.
Sexual contact or intercourse with a person who is under the
influence of an intoxicant to a degree which renders that person
incapable of appraising the person's conduct and the defendant knows
of such condition. Again, note that consent is not an issue
5.
Sexual contact or intercourse with a person who the defendant knows
is unconscious. Consent is not an issue.
6.
Sexual contact or intercourse with another person without consent
that is aided or abetted by one or more other persons
7.
Sexual contact or intercourse with a person who is a patient or
resident of certain facilities or programs by an employee of the
facility or program
8.
Sexual contact or intercourse with an individual who is confined in
a correctional institution if the actor is a correctional staff
member.
9.
Sexual contact or intercourse with an individual who is on
probation, parole, or extended supervision if the actor is a
probation, parole, or extended supervision agent or who has
influenced or has attempted to influence another probation, parole,
or extended supervision agent's supervision of the individual.
Contact Second Degree Sexual Assault lawyer Robert T. Ruth at
608-257-2540 if you face a Second Degree Sexual Assault accusation.
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