Many of Wisconsin’s sexual assault laws apply in date rape situations.
Date rape is a pretty simple concept: it is rape committed by someone with whom the victim has gone on a date. These situations arise in a number of ways, and the purpose of this article is to describe the various criminal charges that attach to them.
Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm that regularly represents individuals facing sexual assault charges throughout the state. These charges are serious and many carry potential sentences that could result in a punishment of decades in prison. If you’re facing any kind of allegation regarding a date rape or sexual assault situation, contact us immediately for help. (414) 270-0202
Administering a dangerous or stupefying drug – Wis. Stat. 941.32
What do you think of when you think of a date rape? How do movies and television shows recreate these situations? Frequently, the answer to both questions involves some sort of intoxicating substance. Whether it’s directly administered to the victim or snuck into a beverage, we’re familiar with this situation.
Administering a dangerous or stupefying drug is the criminal charge that applies to these specific facts. Section 941.32 of the Wisconsin Statutes indicates the following:
Administering dangerous or stupefying drug. Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class F felony.
You’ll quickly notice that this charge doesn’t deal with any kind of sexual assault, but it’s still important to this conversation. Administering a dangerous or stupefying drug applies in situations where one individual puts a drug, like Rohypnol (roofies) into the drink of another. This must be done with the intent to facilitate the commission of another crime, such as sexual assault.
This charge is a Class F felony, meaning it’s punishable by up to 12.5 years prison, $25,000.00 in fines, or both. The maximum term of initial confinement is 7.5 years. The maximum term of extended supervision is 5 years.
Second-degree sexual assault – sexual contact or intercourse with a person who is under the influence of an intoxicant
Second degree sexual assault – sexual contact or intercourse with a person who is under the influence of an intoxicant is a concerning criminal charge. We’ve seen “buyer’s remorse” situations, where an alleged victim regrets having sex with the defendant. Sometimes it’s involved in cheating situations, where one partner feels the need to create an excuse for her conduct. But it is also a serious criminal charge that applies in date rape situations.
Section 940.225(2)(cm) of the Wisconsin Statutes indicates the following:
(2) Second degree sexual assault. Whoever does any of the following is guilty of a Class C felony:
…
(cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
Frequently drinks, and sometimes drugs, are involved in dates. If those intoxicating substances render the alleged victim incapable of giving consent to sexual contact or intercourse, and you recognize that the victim is unable to give consent, moving forward with sexual contact or intercourse could lead to serious criminal charges.
Second degree sexual assault is a Class C felony in Wisconsin, which carries a potential 40 year prison sentence. That 40 years breaks down into 25 years initial confinement followed by 15 years extended supervision. A fine of up to $100,000.00 also applies.
What about aggravated situations? First degree sexual assault – Wis. Stat. 940.225(1)
First degree sexual assault is the most serious rape charge in Wisconsin. It’s a Class B felony, meaning the maximum penalty is 60 years prison. That breaks down into 40 years initial confinement and 20 years extended supervision. Class B felonies in Wisconsin do not carry any monetary penalty.
First degree sexual assault occurs when the defendant:
(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.(d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this paragraph.
I’m facing date rape charges. What should I do?
Defendants throughout the United States are permitted to defend themselves when facing criminal charges. While you know the facts of your case better than anyone else, we think it’s important to bring on experienced, intelligent criminal defense counsel. The criminal defense lawyers at Van Severen Law Office, S.C. help defendants facing sexual assault charges every day. We know the ins and outs of the laws regarding date rape, and we’re committed to helping people in this position.
Contact us. We’re available 24/7 at (414) 270-0202. We’re willing to discuss your case over the phone, or to set up a time to come into our office to answer your questions.