Sexual assault of a child by a person who works or volunteers with children defense
Sexual assault of a child by a person who works or volunteers with children is a felony. Let’s fight your case.
Sexual assault of a child by a person who works or volunteers with children is certainly a serious criminal charge. The offense is a Class H felony, meaning the maximum penalty upon conviction is 6 years in prison and $10,000.00 in fines. That six years in prison breaks down into 3 years initial confinement and 3 years extended supervision.
Secondly, charges like sexual assault of a child by a person who works or volunteers with children frequently end up in the news. This adds pressure to your situation. You’re certainly already facing serious incarceration and serious financial penalties. But an annoying reporter knocking at your door doesn’t help the situation. And if the story ends up in the news, your friends, family, and co-workers will begin asking questions.
At Van Severen Law Office we understand what you’re facing. We understand that there are legal, social, and economic pressures on you right now. And we certainly believe that what will help you most is a strong criminal defense attorney serving as your ally. Our job is to protect individuals facing situations like yours. And we do that by fighting against the government.
Finally, contact one of our criminal defense attorneys at (414) 270-0202. Let’s start fighting. Let’s achieve you the very best possible result in your case.
What is sexual assault of a child by a person who works or volunteers with children?
(a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person’s spouse, and with whom the person works or interacts through that occupation or volunteer position.
(b) Whoever violates par. (a) is guilty of a Class H felony.
(d) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:
1. Teaching children.
2. Child care.
3. Youth counseling.
4. Youth organization.
5. Coaching children.
6. Parks or playground recreation.
7. School bus driving.
Breaking the statute down a little bit, there are certainly a few important points here. Firstly, the defendant must be over 21 years old, and the victim must be under 16 years old. Secondly, the charge focuses on both sexual contact and sexual intercourse. Both are prohibited. And finally, the law does not apply to situations involving a spousal relationship between the victim and defendant. In other words, this crime does not occur if the sexual contact or intercourse is between a married victim and defendant.
What are the elements of this offense?
All crimes in Wisconsin have a number of elements. An element is a part of the crime. And finally, the government must prove each element beyond a reasonable doubt at trial. Wisconsin Criminal Jury Instruction 2139A provides the elements of this offense:
Firstly, the defendant attained the age of 21 years; and
Secondly, the defendant engaged in an occupation or participated in a volunteer position that required him or her to work or interact directly with children; and
Thirdly, the defendant had sexual contact or intercourse with the victim, who was not the defendant’s spouse; and
Fourthly, the victim had attained the age of 16 years and had not attained the age of 18 years; and
Finally, the victim was a person with whom the defendant worked or interacted with through his or her occupation or volunteer position.
Knowledge of the victim’s age is not required, and mistake regarding that age is not a defense to this charge. Additionally, consent is not a defense.
This charge obviously applies to a broad range of individuals, and certainly applies in a large number of situations.
Sexual assault of a child by a person who works or volunteers with children is a serious felony. Contact one of our top criminal defense lawyers at (414) 270-0202 for help.
How do we defend my charge?
Sexual assault charges certainly require us to focus on certain issues that might not be important in other criminal cases. For a sexual assault charge involving children, credibility is always an important factor to consider. Some children, unfortunately, know that a sexual assault allegation is certainly powerful. They know that it’s powerful enough to remove that person from his or her life, but they don’t understand the serious consequences that accompany the allegation. During representation we’ll certainly check into the credibility issue. Has the child previously alleged sexual assault against someone? Were those charges dismissed? And, are there mental health records which could help us? Filing a Shiffra Green motion could allow us to examine those records and better help you win your case.
Other pre-trial motions could become relevant. For example, did you give a statement to police? (If you haven’t made a statement to police, don’t.) If the police illegally obtained that statement, we’ll certainly file a motion challenging the admission of it at trial.
Finally, contact Van Severen Law Office for sexual assault defense
The criminal defense attorneys at Van Severen Law Office focus 100% of their time defending criminal charges just like yours. We have a significant amount of experience defending sexual assault charges, and we can help you achieve positive results for your case. We certainly understand how difficult the situation you’re going through is, and we understand that you need a powerful ally on your side.
You’ll find that powerful ally with one of our sexual assault defense attorneys. Contact Van Severen Law Office at (414) 270-0202 and let’s start fighting your case.
