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The 4 Degrees of Sexual Assault in Wisconsin

Wisconsin sexual assault laws and penalties are complex and challenging to navigate. Here is a brief overview:

1st Degree Sexual Assault WI

Broadly, there are four types of 1st degree sexual assault.

  1. First, there is non-consensual sexual contact that results in pregnancy or great bodily harm.
  2. Second, there is sexual contact involving the use or threat of a deadly weapon, such as a gun or knife. Even a fake gun counts, as long as the victim believes it’s a deadly weapon.
  3. Third, there is violent non-consensual sexual contact aided by another person, such as in the case of gang rape.
  4. Fourth, there is sexual contact with a child under the age of 16 by threat of force or violence.

The penalty: In general, 1st degree sexual assault is a Class B felony, carrying up to 60 years in prison.

However, if the victim was under 13 and the assault resulted in injury, you could be facing life behind bars.

2nd Degree Sexual Assault WI

2nd degree sexual assault is an even broader category. It includes:

  1. Sexual contact by threat of force or violence or that results in injury, disease, or mental anguish requiring psychiatric care.
  2. Also included is sexual assault aided by another person, but without violence. This category also covers sex with an intoxicated, unconscious, or mentally impaired person, a caregiver having sex with a patient, and a prison guard or parole officer having sex with an inmate/parolee.
  3. If sexual contact with a child under 16 does not include threats or violence and does not result in injury, it becomes a 2nd degree sexual assault.

The penalty: These crimes are Class C felonies, carrying the penalty of up to 40 years in prison and/or a $100,000 fine.

3rd Degree Sexual Assault WI

3rd degree sexual assault includes:

  1. Any other non-consensual sex
  2. Ejaculating, urinating, or defecating on someone.

The penalty: This is a Class G felony, and you could face up to 10 years in prison and/or a $25,000 fine.

4th Degree Sexual Assault WI

Finally, 4th degree sexual assault covers any other non-consensual sexual contact, short of intercourse. Groping falls under this category.

The penalty: As a Class A misdemeanor, these crimes carry penalties of up to 9 months incarceration and/or a $10,000 fine.

Sexual Assault Degrees & Penalties in Wisconsin

Clearly, even the most “minor” class of sexual assault could ruin you financially and destroy your career, family, and reputation. 

Here’s how you win a sexual assault case in the state of Wisconsin: contact Grieve Law.

If you’re facing any type of sexual assault accusations, contact our experienced criminal defense attorneys at Grieve Law in Waukesha County.

We will provide you with a free consultation, review the facts of your case, and advise you on the best way to proceed.

Remember, you are only guilty if you are convicted!

Contact Grieve Law to schedule a free case consultation.