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Understanding Statutory Rape in Wisconsin

Statutory rape is considered to be sexual activity with a person who is not old enough to legally consent.

Regardless of which state you live in, statutory rape is a crime. However, not every state considers the same acts to be statutory rape, and not every state punishes statutory rape in the same ways. 

In this article, we’ll discuss statutory rape in Wisconsin; what it consists of; what its punishments are; and everything else that has to do with it.

Types of Statutory Rape in Wisconsin

Sex with a Child of 16 or Older

In the state of Wisconsin, the minimum age of sexual consent is 18. This means that anyone of 18 years of age or older having sexual relations with someone under 18 is committing a crime.

However, not everyone under the age of 18 is considered the same when it comes to statutory rape.

Having sex with someone between the ages of 16 and 18 is technically a crime, but is not considered as serious as having sex with someone under the age of 16. In fact, in Wisconsin, it’s considered only a misdemeanor.

This isn’t to say that it can’t carry some harsh punishments. If you’re found guilty of this crime, you can serve up to 9 months in jail, and owe up to $10,000 in fines.

The only exception to this law is when the adult is married to the underage individual. An adult can be legally married to, and have sexual relations with someone as young as 16 in the state of Wisconsin.

Sexual Assault of a Child – Second Degree

The next severity level as it pertains to statutory rape in the state of Wisconsin is having sex with a minor between the ages of 13 and 15 years old.

The age of the accused has no effect on the enforcing of this law. Even a 16-year-old can be charged with second degree sexual assault of a child in Wisconsin.

If you commit this crime, you are technically committing a felony; a class C felony, to be exact. In the state of Wisconsin, a class C felony is punishable by up to 40 years in prison, and by up to $100,000 in fines.

Sexual Assault of a Child – First Degree  

In Wisconsin, the most severe form of statutory rape is sexual activity with a minor under the age of 13.

Again, the age of the accused has no effect on the enforcement of this law. Even a 14-year-old can be charged with first degree sexual assault of a child.

Sexual activity, in this particular case, can involve acts which do and don’t involve penetration. However, the more egregious offenses are typically punished more harshly.

If you’re guilty of this crime, you’ve committed a class B felony. This type of felony can be punished by upwards of 60 years in prison.

Important Things to Note About Statutory Rape in Wisconsin

In Wisconsin, when it comes to this law, there isn’t a lot of wiggle room. For instance, you can’t claim that you were unaware of the age of the person you were having sex with. This argument will not stand up in a Wisconsin court of law.

Relationships are also no excuse for statutory rape. For example, an 18-year-old having sex with a 16-year-old that he or she is in a relationship with is still technically committing statutory rape. This differs from some states where such practices are legally allowed.

Charged With Statutory Rape in Wisconsin?

Have you been charged with statutory rape in Wisconsin? If so, you’re facing some harsh punishments. This is not something that you should take lightly. You’re going to need an experienced and professional legal defense.

Fortunately, you’ve found it: Hartley Pecora Law Offices. Our team of lawyers has decades of experience in defending clients against statutory rape charges. We’re more than prepared to defend you.

Contact us today to set up a free consultation!