Question: What Happens If A Girl Lies About Her Age In A Sex Crime Case In Wisconsin?

Answer: If a girl tells you she’s 18 and you find out later that she’s not, you’re out of luck. 


What to Do if a Girl Lies about her Age


There is no defense in Wisconsin of fraud. The state Supreme Court has said that our laws are intended to protect children, and our laws define as children anybody under the age of 18. So we legally conclude, even if it seems unfair, that somebody who is 17½ and lies and says they’re 19 and has a fake ID and a fake draft card, whatever they present to you to prove they’re over 18, it doesn’t matter. You could still be charged, convicted and jailed. So, as a practical matter, never make that assumption, that “If she lies to me, I’m ok.” Regardless of the circumstances, or your belief that the minor is in fact of legal age, having sex, or committing sex acts, with an underaged person below 18 years old will bring about a criminal charge. This mistake of age resulting in sex acts with some of or under 17 years old because of mistake of age will result in a statutory rape charge. This specific classification of rape charge relates to the age of the minor, and usually results in years in prison. Even when and if someone is released from prison after facing a charge like this, they are often required to register as a sex offender for a period of time, or even permanently. Having your name on your state and national sex offender registry is public record. This status can often prevent someone from finding employment or housing in the long term because of stigma relating to these charges. 


Romeo and Juliet Laws 

In some states, certain legal protections exist that allow teenagers of different ages to safely practice a consensual sexual relationship. For example, other states in the United States of America may see no issue with a 19 year old and a 15 year old being in a consenting relationship that may involve intercourse or other sex acts. Unfortunately though, for those who may be facing sexual assault charges in Wisconsin, those types of protection do not exist in our state. In order to protect the innocence of children, and operating under the assumption that someone under the age of 18 does not have the capability to fully understand nor consent to sex acts, the age of consent is firmly set at the legal point of adulthood. Anyone who may find themselves seeking a criminal defense lawyer in Madison Wisconsin should learn more about our services: https://www.vanwagnerlaw.com/criminal-defense/