Wisconsin has no law titled “statutory rape.”  But what is it?  And do we have anything similar?

Statutory rape occurs when an adult has sex with a minor, that minor consented to the sex, and no force, violence, or threats occurred.  The reason criminal justice professionals refer to this charge as rape is because the minor is considered to be too young to have legally consented to the sexual intercourse or sexual contact.  The age of consent differs by state, but Wisconsin law has a few different standards.  Charges involving minors under 16 include incredibly serious felony penalties.  Once the victim reaches 16, criminal penalties reduce to misdemeanor-level and maximum penalties are less than a year in jail.  That being said, it’s a crime to have sex with anyone under 18.  The age of consent in Wisconsin is 18 years old, no matter what the penalties are.

Hiring a criminal defense attorney when facing sexual assault charges is incredibly important.  These matters can become complex, both legally and factually, very quickly.  A conviction can lead to incredibly serious sentences, frequently including lifetime sex offender registration requirements.  And although jail, probation, or prison eventually conclude, a lifetime sex offender registration requirement sticks with you for your entire life.  Our criminal defense attorneys have fought for clients facing sexual assault charges and won.

Van Severen Law Office, S.C. is one of the best criminal defense law firms in Wisconsin.  Criminal defense, including sexual assault defense, is all we do.  And importantly, we offer free consultations to potential clients.  Contact us today at (414) 270-0202 to speak with one of our attorneys.  You’ve nothing to lose.

What is statutory rape in Wisconsin?

While we’ve already mentioned that no law in Wisconsin is titled “statutory rape,” various criminal charges fit within the definition of this term.  Some of these criminal charges include versions based on either use or threat of use of force.  Since statutory rape generally refers to a consenting minor, we will not consider those crimes in our discussion.  They’re rape, but they’re not statutory rape.  Chapter 948 of the Wisconsin Statutes focuses on crimes against children, and includes all sex crimes involving children.

First degree sexual assault of a child – Section 948.02(1) of the Wisconsin Statutes

Sexual assault of a child in the first degree is one of the most serious criminal offenses in Wisconsin, with various versions classified as Class A felonies.  A conviction for a Class A felony conviction results in an automatic sentence of life in prison.  This crime has various versions:

• Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 and causes great bodily harm is guilty of a Class A felony.
  • This crime qualifies as statutory rape, as it does not matter whether the victim attempted to consent to the sexual intercourse, or sexual contact, or not.  The crime carries a Class A felony penalty, likely due to the age of the victim and the fact that great bodily harm occurs during the offense.  Great bodily harm refers to injuries that create a substantial risk of death, or create a serious permanent disfigurement, or cause a permanent or protracted loss or impairment of function of any bodily member or organ.
• Whoever has sexual intercourse with a person under the age of 12 is guilty of a Class B felony.
  • This charge is also statutory rape, but does not require great bodily harm.  It also only focuses on sexual intercourse, rather than sexual contact.  It is a lower-level offense, but still incredibly serious.  A Class B felony carries with it a maximum potential sentence of 60 years in prison.
• Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years old is guilty of a Class B felony.
  • This charge removes the requirement for great bodily harm, increases the age to 13, and also includes a Class B felony penalty.

Second degree sexual assault of a child – Section 948.02(2) of the Wisconsin Statutes

Sexual assault of a child in the second degree is a crime in two scenarios.  Neither of these require force, threat of force, or any other kinds of threats.  They can both occur when a minor attempts to consent, making them both statutory rape:

• Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 is guilty of a Class C felony.
  • A Class C felony carries with it a maximum penalty of 40 years in prison, $100,000.00 in fines, or both.  The maximum term of initial confinement is 25 years in prison, followed by a 15 year term of extended supervision.
  • Importantly, the only difference between this and 1st degree sexual assault of a child (and a 40 year felony, rather than a 60 year felony) is that the victim in this case is under 16, rather than under 13.  In other words, this charge applies to children aged 13-16.  It includes both sexual contact and sexual intercourse and does not require any sort of bodily or great bodily harm.

Underage sexual activity – Section 948.093 of the Wisconsin Statutes

• Whoever has sexual contact with a child between 15 and 16, or sexual intercourse with a child under 15, is guilty of a Class A misdemeanor if the defendant is under 19 when the violation occurs.  This section does not apply if the actor is the child’s spouse.
  • This is what most people think of when considering statutory rape: a young defendant and a slightly under-age victim have either sexual contact or intercourse.  This charge frequently includes young adults involved in relationships with individuals only a few years younger.  Lawmakers clearly recognized that and applied a 9 month misdemeanor penalty to this charge.  Criminal penalties do not apply if the victim and the defendant are married.

Sexual intercourse with a child 16 or older – Section 948.09 of the Wisconsin Statutes

• Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years old is guilty of a Class A misdemeanor if the defendant has attained the age of 19 when the violation occurs.
• This is also statutory rape, but involving relations between a child 16 or older, and an adult over 19.  This charge does not apply if the alleged victim and defendant are married.

Can an 18 year old date a 16 year old in Wisconsin?

We’ve had a chance to review Wisconsin’s statutory rape laws.  It’s clearly illegal for anyone 18 years old older to engage in sexual activity with a minor.  This includes sexual relationships with relatively small age gaps.  But what about dating?  Can an adult date a minor in Wisconsin?

Importantly, Wisconsin laws do not include a so-called Romeo and Juliet provision.  Certain states have laws that lessen the penalties associated with statutory rape.  They focus on teenagers engaged in voluntary sexual acts with someone older than them.  In no instance do states use these laws to lessen penalties for sex charges involving lack of consent, violence, threats of violence, or extreme differences in age.  In Wisconsin, the law is set, and there is no method to reduce charges based on a Romeo and Juliet law.

That all being said, nothing in the law prohibits an adult from dating a minor.  Hanging out, going on dates, giving each other gifts, holding hands, and exchanging hugs and pecks on the cheek is not illegal.  However, it is not a good idea to engage in these relationships.  Hormones are raging at certain ages, and the desire to push a relationship into one that involves sexual contact and sexual intercourse will always be present.  And that’s when the older individual in the relationship exposes himself to criminal liability.