Is “date rape” really rape? And if it is, what are the consequences?
What is Date Rape?
Date rape, which isn’t an official term, refers to any type of sex one party doesn’t agree to, and it occurs with someone he or she knows. Although the law uses the term sexual assault rather than rape, the meaning is the same.
Degrees of Sexual Assault
Any person engaging in a sex act with an unwilling party can be charged with and convicted of a crime. The state of Wisconsin recognizes sexual assault in varying degrees:
- First-degree sexual assault occurs when someone has non-consensual sex (or sexual contact) with another person and it results in pregnancy or great bodily harm, or when the sexual contact involves the use or threat of use of a dangerous weapon, or when it’s “aided and abetted” by one or more other person.
First-degree sexual assault is a Class B felony.
- Second-degree sexual assault occurs when someone
has non-consensual sex (or sexual contact) with another person without consent of that person by use or
threat of force or violence; or has sexual contact or sexual intercourse with
another person without consent of that person and causes injury, illness,
disease or impairment of a sexual or reproductive organ, or mental anguish
requiring psychiatric care for the victim.
Second-degree sexual assault is a Class C felony.
- Third-degree
sexual assault occurs when someone has sexual intercourse or sexual contact
with someone without their consent.
Third-degree sexual assault is a Class G felony.
- Fourth-degree
sexual assault occurs when someone has sexual contact with a person without
their consent (unless the type of sexual contact counts as third-degree sexual
assault).
Fourth-degree sexual assault is a Class A misdemeanor.
What Should You Do if You’re Accused of Date Rape?
If someone accuses you of date rape, it’s probably a good idea to get in touch with a date rape defense lawyer serving Milwaukee and all Wisconsin. The consequences, as you can see above, are extremely harsh — and if you’re convicted, you’ll most likely have to register as a sex offender once you have completed your term of imprisonment.
Call us at 414-383-6700 for a free date rape defense consultation. The sooner you call us, the sooner we can begin working on your case.
