In the state of Wisconsin, it’s illegal for an adult to have sex with a minor. In this case, a person is an adult when he or she has reached the age of 18—but a person is a minor when they’re younger than 15.
The idea behind Wisconsin’s statutory rape laws is that minors can’t legally give consent to sexual activity. Many people are confused about the word rape being used in this situation because the prosecution doesn’t have to prove an assault occurred; it’s still considered rape because the victim isn’t legally able to give his or her consent.
Statutory Rape Laws in Wisconsin
The way Wisconsin law breaks down statutory rape can be a bit confusing.
- First-degree sexual assault of a child refers to sexual contact or sexual intercourse between a minor who is 12 or younger and a defendant of any age. It’s a Class B felony, and the penalty can be up to 60 years in prison.
- Second-degree sexual assault of a child refers to sexual contact between a minor who’s 13, 14, or 15 years of age and a defendant of any age. It’s a Class C felony, and the punishment can be up to $100,000 in fines and up to 40 years in prison.
- Sexual intercourse with a child 16 or older refers to sexual intercourse between a minor who’s 16 or 17 years old and a defendant of any age. (The only exception is when the defendant is the minor’s lawful spouse). It’s a Class A misdemeanor, and the penalty can be a fine up to $10,000 and up to 9 months in jail.
It’s also important to note that you can be charged with statutory rape if you’re in a dating relationship with someone who falls into any of the age groups listed here.
Should You Talk to a Statutory Rape Lawyer in Milwaukee?
If someone has accused you of statutory rape, whether you’re innocent or you made a mistake, you may find that it’s in your best interest to talk to a Milwaukee statutory rape lawyer.
Call us at 414-383-6700 for a statutory rape case consultation. We’ll ask you some questions and evaluate your case so we can begin formulating a defense that gets you the best possible outcome.