Legal dating age in wisconsin
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.Their incapacity is written into the statute—hence the term, “statutory” rape.Our Madison sexual assault defense attorneys know how to help with these complicated legal situations.Say your 18 year old son was seeing a girl at his high school- the two probably looked the same age. Content Header .feed_item_answer_user.js-wf-loaded .
Class A misdemeanor penalties include: Genuinely believing he/she was older than he or she claimed to be is not a viable defense option in the state of Wisconsin.
(For information about rape between spouses, see our article on Marital Rape Laws.) Statutory rape is prosecuted under Wisconsin’s sexual assault laws, and penalties depend on the age of the parties, and the type of sexual contact that occurred, as described below. §§ 939.51, 948.093 (2018).) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including statutory rape) must register as sex offenders. § 304.06(1q)(b) (2018).) Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married. But if Jen and Tony are and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen.
First degree sexual assault of a child occurs when there is sexual contact (sexual touching, even over clothing, without penetration) or intercourse (sexual penetration, however slight, with an object or body part) between a minor who is 12 or younger, and a defendant of any age. §§ 939.50, 948.02 (2018).) Second degree sexual assault of a child occurs when there is sexual contact between a minor who is 13 or 14 years old and a defendant of any age, or sexual contact between a minor who is 15 years old and a defendant who is 19 or older. §§ 939.50, 948.02, 948.093 (2018).) Sexual intercourse with a child 16 or older occurs when there is sexual intercourse between a minor who is 16 or 17 and a defendant who is 19 or older (unless the defendant is the minor’s spouse, described below). §§ 939.51, 948.09 (2018).) Underage sexual activity involves the following, unless the defendant is the minor's spouse (described below): Underage sexual activity is a class A misdemeanor, and a conviction can result in a fine of up to ,000, nine months in jail, or both. As a condition of parole, the parole commission may require that a "serious child sex offender" (someone who committed specified offenses against a child under 13 years of age) undergo chemical castration. This is because Wisconsin has a marital exemption to the state’s statutory rape laws.
Our experienced statutory rape defense attorneys understand that cases like these are obviously different than an older man raping a minor, though the consequences could be similar with your son being forced to register as a sex offender for the rest of his life.
Believing you can navigate tricky statutory rape charges alone is a mistake you and your family cannot afford.In Wisconsin, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual.