Wisconsin defines sexual assault as any sexual contact or intercourse that occurs without the other person’s consent. Like all states, Wisconsin takes sexual assault extremely seriously. Section 940.225 of the Wisconsin Statutes breaks the crime of sexual assault down into four degrees of severity, each carrying its own criminal penalties.

If you have been accused of sexual assault in Wisconsin, understanding the differences between these degrees can help you know what steps to take when defending yourself against these charges. Working with an experienced Wisconsin sexual assault defense attorney is critical to protecting your rights and liberties.

Fourth-Degree Sexual Assault in Wisconsin

Wisconsin law defines sexual assault in the fourth degree as an act of sexual contact other than intercourse without the other individual’s consent. This Class A misdemeanor can lead to penalties including up to nine months in county jail and a fine of up to $10,000.

Third-Degree Sexual Assault in Wisconsin

Wisconsin law defines sexual assault in the third degree as an act of sexual contact or intercourse without the other individual’s consent. This Class G felony also involves ejaculating, urinating, or defecating on the other individual.

If found guilty, the penalty is up to 10 years in prison, a fine of up to $25,000, and a 15-year registration as a sex offender.

Second-Degree Sexual Assault in Wisconsin

Wisconsin law defines sexual assault in the second degree as an act of sexual contact or intercourse without the other individual’s consent. This Class C felony must also include one of the following factors:

• The use of force or violence
• Disease, illness, injury, or mental illness requiring psychiatric healthcare results from the act
• The accuser has a disability or mental illness that prevents them from giving consent
• The accuser was under the influence of drugs or alcohol
• The accuser was unconscious
• The assailant received the aid or abetment of one or more individuals
• The assailant was a staff member at a foster home, healthcare facility, or group home

If found guilty, the penalty is up to 40 years in prison, a fine of up to $100,000, and a lifetime registration as a sex offender.

First-Degree Sexual Assault in Wisconsin

Wisconsin law defines sexual assault in the first degree as an act of sexual contact or intercourse that occurs without the other individual’s consent. This Class B felony must also include one of the following factors:

• Serious bodily harm or pregnancy results from the act
• The situation involved the use of a violent weapon or the threat of the use of a violent weapon
• The assailant was aided or abetted by one or multiple individuals who used violence or the threat of violence

If found guilty, the penalty is up to 60 years in prison and lifetime registration as a sex offender.

Contact Attorney Christopher Van Wagner Today

When facing the severe consequences of a sexual assault conviction, one of the most important decisions you can make is finding the right criminal defense lawyer. Attorney Christopher Van Wagner has over 35 years of experience fighting to protect the rights of individuals accused of crimes in Wisconsin. In that time, he has secured more than 25 acquittals in full jury trials and has had more than 100 cases dismissed before trial. Let us put our experience and skills to work for you. Contact us today for a free consultation.