If you’re like most people who have been charged with sexual battery in Milwaukee or another city, you’re terrified – and you have good reason to be. Sexual battery – also known as sexual assault – is a Class B, Class C or Class G felony under Wisconsin law. Some types of sexual assault are Class A misdemeanors, but that doesn’t mean you won’t be spending time behind bars if you’re convicted.
This is all codified in Wisconsin Statute 940.225, which says that sexual contact without consent counts as sexual assault.
First-Degree Sexual Battery
Under the law, first-degree sexual battery is referred to as assault. It is sexual contact or intercourse with someone who doesn’t consent, and that causes pregnancy or great bodily harm. If you commit this type of sexual battery through threats of violence, whether or not it involves a deadly weapon, you’re looking at a Class B felony that could put you in prison for up to 60 years.
Second-Degree Sexual Battery
Second-degree sexual assault is nonconsensual sexual contact or sexual intercourse that causes the victim illness, moderate injury or mental harm. Sexual contact with people who can’t give consent falls under this category, too. This type of assault is a Class C felony, which can carry a penalty of up to 40 years in prison.
Third-Degree Sexual Battery
Third-degree sexual battery is sexual intercourse or content without consent, including acts intended to degrade the victim or arouse the defendant. It carries a possible penalty of up to 10 years in prison.
Fourth-Degree Sexual Battery
Fourth-degree sexual battery – called assault under the law – is sexual contact without consent (but not the type of assault that would count as third-degree sexual battery). It’s a Class A misdemeanor, which carries a possible penalty of up to 9 months in jail.