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Sexual assault of a child placed in substitute care is a serious felony.  Contact our sex crime defense attorneys at (414) 270-0202 for help today.

Sexual assault of a child placed in substitute care is a serious felony in Wisconsin.  A slightly different version of this offense exists in Wisconsin, named sexual assault of a foster child.  Both of these offenses are Class C felonies.  A Class C felony carries a maximum possible penalty of 40 years in prison, $100,000.00 in fines, or both.  Finally, the 40 years in prison breaks down into 25 years initial confinement and 15 years extended supervision.

Obviously the fact that this charge carries 40 years in prison shows you just how serious it is.  But frequently there are collateral issues involving sexual assault charges.  If you’re a foster parent, the charges have already likely hit the media.  Unfortunately, once the media touches a story, it spreads quickly.  And finally, your friends, family, and co-workers may begin to unfairly judge you.

Although it might feel like everything is stacked against you, don’t give up hope.  At Meyer Van Severen, S.C. our criminal defense attorneys provide the kind of help you need.  We aggressively fight the criminal charges you’re facing.  But we also understand what you’re going through and will stand with you throughout the tough process.  We’ll get you through this.

Our defense attorneys are available 24/7 at (414) 270-0202.  Contact us today, and let’s start fighting.

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What is sexual assault of a child placed in a substitute care facility?

Section 948.085(2) of the Wisconsin Statutes prohibits sexual assault of a child placed in substitute care.  The law provides:

Whoever does any of the following is guilty of a Class C felony:

(2) Has sexual contact or sexual intercourse with a child who is placed in [a shelter care facility or a group home] if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it…

Wisconsin Criminal Jury Instruction 2137B provides the elements of the offense:

  • Firstly, the defendant had sexual contact or intercourse with the victim; and
  • Secondly, the victim was under the age of 18 years at the time of the alleged sexual contact or intercourse; and
  • Thirdly, the victim was placed in a substitute care facility; and
  • Finally, the defendant worked or volunteered at the facility, or was responsible for managing the facility.

What is sexual assault of a foster child?

Section 948.085(1) of the Wisconsin Statutes prohibits sexual assault of a foster child.  The law indicates:

Whoever does any of the following is guilty of a Class C felony:

(1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent.

Wisconsin Criminal Jury Instruction 2137A provides the elements of sexual assault of a foster child:

  • Firstly, the defendant had sexual contact or intercourse with the victim; and
  • Secondly, the victim was under the age of 18 years at the time of the alleged sexual contact or intercourse; and
  • Finally, the defendant was a foster parent to the victim.

What are some examples of this offense?

Let’s talk through both versions of this offense.

Firstly, what’s an example of sexual assault of a child placed in a substitute care facility?  The victim moved to a group home at the age of 16.  When the victim was 17 years old, the defendant had sex with her.  And finally, the defendant was a volunteer at the group facility on the weekends.  He did not force the victim to have sex with him.

Does it matter the defendant didn’t force victim to have sex?  It doesn’t, as you’ll notice that consent isn’t an element of the offense.  And using force or threatening force isn’t either.  The example we provided above satisfies all the elements of sexual assault of a child placed in substitute care.

Secondly, what about sexual assault of a foster child?  Let’s assume defendant served as victim’s foster parent.  The victim was 15 at the time, and the defendant had sex with the victim.  Again, consent isn’t an element of this offense, so those facts simply don’t matter.  The child cannot consent to set with a foster parent.  The three elements provided in Wisconsin Criminal Jury Instruction 2137A exist in this example.

A child exposed to sexual assault of a child placed in a substitute care facility
Sexual assault of a child placed in a substitute care facility charges are serious. Contact a top criminal defense lawyer for help today. (414) 270-0202.

How do we win my sexual assault case?

Let’s get something out of the way on the very front end.  The children placed in foster case or group homes have had something bad occur in their lives.  Whether surrendered by parents because of the victim’s uncontrollable nature, conduct by the biological parent, or some other issues, the victim in this case has had something traumatic happen to him or her.  And that trauma could evidence itself in the child with additional bad behavior.  That bad behavior could be the inability to tell the truth.  It could be making false allegations of sexual assault against adults the child doesn’t like.

This is credibility.  Do we have a way to attack the victim’s allegations based on the fact that she’s a liar?  That certainly makes your case stronger.  And finally, we have procedural motions that can force the release of certain important information.  If the victim has mental health records which impact the veracity of the allegations against you, we may file a Shiffra Green motion.  That motion opens up certain mental health records to the defense.

And finally, what about a jury trial?  We’re always prepared to fight with you at this point.  If the government will not back down, we can force a jury trial and make them prove the case against you.  If they cannot, your charges will be dismissed.  Keeping this option in mind always helps us defend individuals fighting charges like yours.

Finally, contact Meyer Van Severen for top-notch criminal defense

At this point you’re probably asking yourself many questions.  One of those questions may be “do I really need a sexual assault defense attorney?”  While your case is certainly different from one like first degree sexual assault of an adult, or second degree sexual assault of a child, it’s just as important to hire an attorney.  Those charges are different.  But your case is just as serious because of your position in society.  Unfortunately, it’s for that very reason your story probably ended up in the media.

We say these things not to scare you, but instead to point you in the right direction.  We’re criminal defense professionals and we represent individuals charged with serious crimes every day.  We’ve worked on cases like this and we want to help you.  We want to be the strong allies you need in times like this.

Contact Meyer Van Severen, S.C. immediately at (414) 270-0202.  Our criminal defense attorneys return calls around the clock.  We want to help you.  Call now.