Governor Tony Evers signed 2025 Wisconsin Act 90 into law on March 6, 2026. The law changes the Wisconsin sexual assault statute of limitations for second degree cases from 10 years to 20 years. It also expands immunity protections for victims and witnesses who report sexual assaults, extends sexual assault kit storage requirements, and makes it easier for victims to break residential leases. For defendants, this law significantly widens the window during which prosecutors can file charges for some of the most commonly charged sexual assault offenses in the state.
If you face sexual assault charges in Wisconsin, contact Van Severen Law Office at (414) 270-0202 to speak with one of our criminal defense attorneys. We regularly defend individuals accused of sex crimes and offer free initial consultations to potential clients. We’re available 24/7.
What Act 90 changed
Act 90 is not a single change. It is an omnibus bill that touches several areas of Wisconsin law related to sexual assault. The biggest headline is the statute of limitations extension, but the other provisions matter too.
Statute of limitations for second degree sexual assault. Before Act 90, Wis. Stat. § 939.74(2)(ar) gave prosecutors 10 years to file a criminal complaint for a violation of Wis. Stat. § 940.225(2). That 10 year window was itself a relatively recent addition, created by 2015 Wisconsin Act 121. Act 90 doubled it to 20 years.
Sexual assault kit storage. State crime laboratories previously stored unreported sexual assault kits for 10 years. Act 90 extends that storage period to 20 years under Wis. Stat. § 165.775(4)(a). This aligns the evidence preservation timeline with the new prosecution window.
Immunity from prosecution for victims and witnesses. Act 90 creates Wis. Stat. § 961.444, which grants immunity from certain misdemeanor drug charges for people who report or assist victims of sexual assault. It also expands the existing underage drinking immunity in Wis. Stat. § 125.07(5) to cover a broader range of reporting scenarios.
Lease termination for victims. Act 90 creates a new subsection, Wis. Stat. § 704.16(1m), that allows sexual assault victims to terminate a residential lease by providing the landlord with notice and a certified copy of a restraining order or a filed criminal complaint alleging sexual assault or stalking.
Second degree sexual assault in Wisconsin
To understand why this statute of limitations change matters, we think it’s important to understand what second degree sexual assault actually covers. It is one of the most frequently charged sexual assault offenses in the state, and its reach is broad.
Wis. Stat. § 940.225(2) is a Class C felony carrying a maximum penalty of 40 years in prison, $100,000 in fines, or both. That 40 year prison sentence breaks into 25 years of initial confinement and 15 years of extended supervision.
The statute covers eleven distinct variations of second degree sexual assault. Some of the most commonly charged include sexual contact or intercourse without consent by use or threat of force, sexual contact or intercourse with a person who is under the influence of an intoxicant to a degree rendering them incapable of consent, and sexual contact or intercourse with a person the defendant knows to be unconscious. Other subsections cover institutional and custodial settings: correctional staff members who have sexual contact with inmates, probation or parole agents who have sexual contact with supervisees, employees of health care or treatment facilities who have sexual contact with patients or residents, and law enforcement officers who have sexual contact with detained or custodial persons.
The penalties are severe regardless of the specific subsection charged. A conviction triggers sex offender registration under Wis. Stat. § 973.048(2m). The combination of prison exposure, sex offender registration, and the stigma attached to these convictions makes any second degree sexual assault charge a serious matter requiring experienced defense counsel.
How statutes of limitations work in Wisconsin criminal cases
Wis. Stat. § 939.74 controls the clock on criminal prosecutions in Wisconsin. The default is six years for felonies and three years for misdemeanors. But the legislature has carved out longer windows for specific offenses, and sexual assault cases sit at the center of those exceptions.
The most serious sexual assault charges have no statute of limitations at all. First degree sexual assault, first degree sexual assault of a child, and repeated acts of sexual assault of the same child can all be prosecuted at any time, no matter how many years have passed. Several other Chapter 948 offenses, including second degree sexual assault of a child, sexual exploitation of a child, child enticement, and incest with a child, can be prosecuted until the victim reaches the age of 45.
Below those, the windows narrow. Second degree sexual assault under Wis. Stat. § 940.225(2) now carries a 20 year window under Act 90. Third degree sexual assault under Wis. Stat. § 940.225(3) remains at 10 years. Fourth degree sexual assault under Wis. Stat. § 940.225(3m) is a Class A misdemeanor, so it falls under the three year default. Other felony sexual offenses not specifically listed fall under the six year default.
Wisconsin also has a DNA exception under § 939.74(2d). If investigators collect biological evidence and develop a DNA profile before the applicable statute of limitations expires, the prosecution gets 12 months after a probable DNA identification of the suspect to file charges, even if the original deadline has passed.
The retroactivity question
One of the first questions defendants and defense attorneys will ask is whether Act 90 applies to conduct that occurred before March 6, 2026. The answer is yes, but with a critical limitation.
The law specifies that the new 20 year window “first applies to an act for which the time limit under s. 939.74 (2) (ar), 2023 stats., for prosecution has not expired as of the effective date of this subsection.” In plain terms, if the old 10 year clock had not yet run out when Act 90 took effect, the new 20 year window applies. If the 10 year window had already closed, the case stays dead.
Consider two examples. A second degree sexual assault that occurred in 2020 would have been subject to the old 10 year deadline, meaning prosecutors had until 2030 to file charges. When Act 90 took effect on March 6, 2026, that deadline had not yet expired. The new law extends the window to 2040. Now consider a second degree sexual assault that occurred in 2014. Under the old law, the 10 year deadline expired in 2024. Because the statute of limitations had already run before Act 90 was signed, the new law does not revive that case. Prosecutors cannot bring charges.
This approach is consistent with how Wisconsin has handled previous statute of limitations extensions for sexual offenses. The legislature has expanded these windows several times, and each time the extension applied only to cases not yet barred under the prior law.
New immunity provisions and their implications
The immunity provisions in Act 90 address a real barrier to reporting. Victims of sexual assault who were using drugs or drinking underage at the time of the assault often hesitate to contact law enforcement because they fear being charged themselves. Perpetrators sometimes exploit this fear directly, threatening to report the victim’s drug use or underage drinking if the victim goes to police.
Under the new Wis. Stat. § 961.444, both victims and bystanders who report or assist with a sexual assault are immune from prosecution for misdemeanor drug possession and drug paraphernalia charges if the evidence for those charges came about because of the reporting. The protection extends to anyone who calls 911, encounters law enforcement at a medical facility while seeking treatment, or otherwise reports or discloses a sexual assault with the intent to obtain assistance.
The law also prohibits using the incident that triggered the immunity as a basis for revoking a person’s pretrial release, probation, extended supervision, parole, or supervised release. And it includes a bad faith exception: immunity does not apply to someone who fabricates a sexual assault report to claim the protection.
Wisconsin already had a limited version of underage drinking immunity for people who called 911 to report certain crimes. Act 90 expands that immunity so it also covers people who report or seek assistance for sexual assaults through means other than a 911 call.
What this means if you face charges
A 20 year prosecution window for second degree sexual assault changes the landscape, but it also creates real opportunities for the defense.
Older cases bring weaker evidence. Physical evidence gets lost or destroyed. Surveillance footage gets overwritten. Digital records disappear. The longer the gap between the alleged conduct and the criminal charges, the more holes the government’s case is likely to have. A skilled defense attorney knows how to expose those gaps and hold prosecutors to their burden of proof.
Witness memories fade, and that cuts both ways. Twenty years is a long time. Witnesses forget details, confuse timelines, and fill in blanks with assumptions. Inconsistencies between a witness’s trial testimony and earlier statements can undermine the government’s entire case.
The Wisconsin sexual assault statute of limitations extension also changes the calculus around plea negotiations. Cases filed years after the alleged conduct often rest on thinner foundations. Prosecutors know this. An experienced defense attorney can leverage the weaknesses in a stale case to negotiate more favorable outcomes or push for dismissal entirely.
The immunity provisions could increase the number of cases reported overall. More reports entering the system does not mean more convictions. Every case still requires proof beyond a reasonable doubt. Cases that originate from delayed reporting often carry credibility issues that a prepared defense team can address head on.
At Van Severen Law Office, we have defended clients against sexual assault charges built on old allegations, inconsistent witness accounts, and questionable evidence. We understand the nuances of the Wisconsin sexual assault statute of limitations and the specific elements prosecutors must prove. If you are facing charges, we are prepared to fight for you.
Contact Van Severen Law Office
With the Wisconsin sexual assault statute of limitations now extended to 20 years, prosecutors have a much wider window to bring these charges. A second degree sexual assault conviction alone could mean 40 years in prison and sex offender registration. The criminal defense attorneys at Van Severen Law Office focus their entire practice on criminal defense. We regularly defend individuals facing sexual assault charges and other serious criminal allegations across Wisconsin.
If you are facing charges or believe charges may be coming, do not wait. Contact Van Severen Law Office at (414) 270-0202. Let’s discuss your case and how we can help.
Frequently asked questions
What is the statute of limitations for second degree sexual assault in Wisconsin?
Under 2025 Wisconsin Act 90, prosecutors now have 20 years to file a criminal complaint for second degree sexual assault under Wis. Stat. § 940.225(2). Before Act 90 took effect on March 6, 2026, the window was 10 years. First degree sexual assault has no statute of limitations. Third degree sexual assault carries a 10 year window, and fourth degree sexual assault carries a three year window.
Does Act 90 apply to sexual assaults that happened before the law was signed?
Yes, but only if the prior 10 year deadline had not already expired. Act 90 specifies that the new 20 year window applies to any case where the statute of limitations had not yet run out as of March 6, 2026. If the 10 year window had already closed before that date, Act 90 does not revive the case.
What is the new immunity provision for reporting sexual assaults?
Act 90 creates Wis. Stat. § 961.444, which protects victims and bystanders from misdemeanor drug possession and drug paraphernalia charges when the evidence for those charges arose because the person reported or assisted with a sexual assault. The law also expands the existing underage drinking immunity in Wis. Stat. § 125.07(5) to cover people who report sexual assaults. These protections cannot be used as a basis for revoking probation, parole, or extended supervision.
Can old sexual assault cases be harder for the prosecution to prove?
Yes. The passage of time creates significant challenges for the prosecution. Physical evidence degrades or disappears. Witness memories fade and become less reliable. Digital records and surveillance footage are routinely overwritten or deleted. An experienced criminal defense attorney will scrutinize the government’s evidence for exactly these weaknesses and hold prosecutors to their burden of proving each element beyond a reasonable doubt.
What should I do if I am charged with a sexual assault that allegedly happened years ago?
Contact a criminal defense attorney immediately. Older cases present unique defense opportunities, but they also require careful investigation. Alibi witnesses may need to be located. Records that could support your defense may still exist but could disappear without prompt action. The criminal defense attorneys at Van Severen Law Office regularly defend clients against sexual assault charges, including cases built on delayed allegations. Call (414) 270-0202 to discuss your case.