In the state of Wisconsin, there are four degrees of sexual assault. The state divides them by certain characteristics, and the higher the degree is, the more severe the consequences are. In any case, it’s important that you talk to a Milwaukee Wisconsin sex crime defense attorney who can help you if you’re accused of any type of sexual assault – they’re all serious crimes with very harsh penalties.
Degrees of Sexual Assault in Wisconsin
There are four degrees of sexual assault in Wisconsin, with first-degree being more serious than fourth-degree is. Here’s a quick breakdown.
First-degree sexual assault is characterized by sexual contact or intercourse without the alleged victim’s consent, when that contact or intercourse causes pregnancy or serious physical injury by the use of a dangerous weapon or helped by another person, and when the sexual activity was accomplished by the use or threat of violence. First-degree sexual assault is a Class B felony.
Second-degree sexual assault is characterized by sexual contact or intercourse under circumstances such as:
- The threat of force or violence; causing injury, disease or mental anguish
- Involving someone who is mentally ill, intoxicated or unconscious
- Being accomplished with the aid of one or more people
- The perpetrator is an employee of an adult family home, community-based residential facility, inpatient healthcare facility or state treatment facility when the victim is a patient or resident
- The perpetrator is an employee of a child welfare agency, foster home or shelter, or a hospital or home health agency and the victim is a client
- The perpetrator is a corrections officer or prison volunteer and the other party is an inmate
- The perpetrator is a probation or parole officer and the other party is a person on parole or probation who is supervised by the probation or parole officer (or a subordinate of the probation or parole officer)
Second-degree sexual assault is a Class C felony.
Third-degree sexual assault is characterized by sexual contact or intercourse that involves intentional ejaculation, urine or feces by either party, on either person’s body, committed for the purposes of sexual humiliation or gratification.
Third-degree sexual assault is a Class G felony.
Fourth-degree sexual assault is non-consensual sexual contact that involves intentional touching for sexual humiliation of the victim or for sexual gratification of the defendant.
Fourth-degree sexual assault is a Class A misdemeanor.
(Learn more about Wisconsin’s criminal penalties for each category of crime here.)
Do You Need to Talk to a Lawyer About Sexual Assault Defense?
If you’ve been accused of sexual assault in Milwaukee or any of the surrounding communities, you probably need to talk to a Milwaukee Wisconsin sex crime defense attorney as soon as possible. Call us at 414-383-6700 for a free consultation with an experienced lawyer now.