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Classification of sexual assault

On Behalf of | Jul 30, 2020 | Criminal Defense

When someone engages in non-consensual sexual contact with someone else, it is considered sexual assault in Wisconsin. Consent, in this case, refers to words or actions by a competent person indicating that they agree to the activity.

In Wisconsin, sexually assaulting someone is a criminal offense and punishable with varying penalties depending on the degree of the assault as outlined by the state’s sexual assault laws. The assault can be classified as a first, second, or third degree.

First-degree assault refers to sexual contact with a person without explicit consent, leading to pregnancy or severe physical injury. It is also considered first-degree assault if the offender used a weapon, got help from another person or used or threatened violence.

Second-degree sexual assault entails sexual contact or intercourse under some of these circumstances: the assault leading to injury, mental torture, reproductive impairment or disease; sexual contact with a person not in a position to consent, e.g. mentally challenged, intoxicated or unconscious; or the offender being aided by another person.

Third-degree sexual assault refers to sexual intercourse or contact that involves intentional ejaculation, urine or feces on either the defendant or the victim’s body. This refers to non-consensual sexual contact with a person involving intentional touching for sexual humiliation of the victim and sexual gratification of the defendant.

The penalties vary from case to case depending on the degree of assault. For instance, a class A felony may result in life imprisonment, which is the penalty for the first-degree sexual assault of a child below 13 years that leads to injury. A person convicted of sexual assault might be assessed a hefty fine.

Having adequate legal representation may help someone accused of sex offenses understand their legal options. A criminal defense attorney may be able to look at the facts of the case and come up with the best possible course of action.