Many sexual assault cases involve allegations that the accuser, defendant, or both suffered from alcohol or drug intoxication during the alleged assault. Claims of intoxication can complicate a sexual assault prosecution. When you face sexual assault charges after an incident that may have involved intoxication, you need experienced legal representation from a knowledgeable criminal defense attorney who can evaluate potential defense strategies in your case.

Understanding Consent

Wisconsin law defines consent as the words or overt actions of a person with the competence to give informed consent indicating their freely given agreement to engage in sexual intercourse or sexual contact. The law creates a rebuttable presumption that specific individuals cannot give consent to sexual intercourse or contact, including:

• A person suffering from a mental illness or impairment that affects the ability to evaluate one’s conduct
• An unconscious person or a person otherwise physically incapable of communicating unwillingness to participate in a sexual act

Wisconsin Laws on Sexual Assault and Intoxication

Under Wisconsin law, a person commits sexual assault when they have sexual intercourse or contact with another person without that person’s consent. The grading of a sexual assault charge and the resulting penalties in a conviction will depend on whether the offense involved aggravating circumstances, such as:

• Causing bodily injury during the assault
• Using force or the threat of force to commit the assault
• Causing pregnancy, disease, or mental anguish
• Assaulting an intoxicated person incapable of giving consent

Wisconsin treats sexual assault as a second-degree felony when several specific circumstances are present. First, the defendant must have had sexual intercourse or contact with someone under the influence of an intoxicant, such as an alcoholic beverage, hazardous inhalant, controlled substance, or other drug. Second, the person’s degree of intoxication must have been such that it rendered them incapable of giving consent. Third, the defendant must have known the other person could not give consent. Finally, the defendant must have intended to have sexual intercourse or contact with the person while they were unable to give consent.

Intoxication Defenses Under Wisconsin Criminal Law

In Wisconsin, a criminal defendant can raise an involuntary intoxication defense. A person may have a compelling defense if their involuntary intoxication either:

• Rendered them incapable of distinguishing between right and wrong at the time of the alleged criminal act, or
• Negated the existence of a state of mind essential to the crime

Wisconsin’s intoxication defense statute eliminated voluntary intoxication defenses under criminal law. As a result, a person facing a sexual assault charge cannot claim in defense that they intentionally or knowingly overindulged in alcohol or drugs to the extent they did not realize or appreciate the nature of their actions during the alleged sexual encounter.

Contact a Criminal Defense Lawyer Today

Following an arrest for sexual assault in Wisconsin, you need experienced legal help to prepare a compelling defense strategy that can protect your rights, reputation, and future. Contact Christopher T. Van Wagner S.C. today for a free, confidential consultation to discuss how a knowledgeable and dedicated criminal defense attorney can help you pursue your legal options for fighting and resolving your sexual assault charges.