Sexual Assault Attorneys Racine office (near the Village Center Strip Mall)

Written By: Glenn Gaskill

OWI & Criminal Defense Attorney

First-degree sexual assault is punishable by up to 60 years in prison as a class B felony and lifetime registration on the sex offender registry.  If the victim of a first-degree sexual assault is under the age of 13 and suffers great bodily harm, penalties are now up to life in prison.

If you are facing sexual assault charges in Racine, call Grieve Law's criminal defense attorneys for a free case consultation.

Assault FAQ Payment plans

Our Criminal Defense Attorneys Believe in Your Right to a Powerful Defense

Grieve Law LLC understands that every person accused of a crime has a right to a strong, strategic defense. Our sexual assault defense attorneys understand that sexual assault and other sex crimes cover a wide range of charges. You may be asking how am I being charged with a sex crime and possibly end up on the sex offender registry list When your case requires the very best criminal defense lawyers Racine has to offer, turn to Grieve Law.

Our team of attorneys offers free consultations, reasonable rates and flexible payment plans. Grieve Law Racine will make sure you get the best possible defense for your case.

Sexual Assault: Differences in Degree 

First-Degree Sexual Assault

Charges for sexual assault are separated by degree in Wisconsin. First-degree sexual assault happens in one of five different situations:

  1. Sexual contact or intercourse without consent that results in pregnancy or great bodily harm.
  2. Sexual contact or intercourse without consent and with the use of a dangerous weapon or threat of use of a dangerous weapon.
  3. Sexual contact or intercourse without consent aided by another person by use or threat of force or violence.
  4. Sexual contact or intercourse with someone under 13 years old.
  5. Sexual contact or intercourse with someone under 16 years old by use or threat of force or violence.

Penalties: First-degree sexual assault is a class B felony and is punishable by up to 60 years in prison and lifetime registration on the sex offender registry. If the victim of a first-degree sexual assault is under the age of 13 and suffers great bodily harm, penalties are now up tp life in prison.

Second-Degree Sexual Assault

Sexual contact or intercourse by use or threat of force or violence and sexual contact or intercourse that results in disease, injury, or mental anguish requiring psychiatric care are second-degree sexual assaults.  Additionally, if the victim is intoxicated, unconscious, mentally impaired, or is a patient or inmate where the actor is their caregiver or prison guard, a second-degree sexual assault can be charged.  Finally, sexual contact or intercourse without force, threat of force, violence, or injury when the victim is under 16 is also a second-degree sexual assault.

Penalties: Second-degree sexual assault is a class C felony. Second-degree sexual assault is punishable by up to 40 years in prison and a fine of up to $100,000, or both.  Additionally, a second-degree sexual assault conviction can result in registration on the sex offender registry for no less than 15 years.

Third-Degree Sexual Assault

Sexual intercourse without consent or sexual contact without consent that is urinating, ejaculating, or defecating on someone for the purpose of degrading them is third-degree sexual assault.

Penalties: Third-degree sexual assault is a class G felony. Third-degree sexual assault is punishable by up to 10 years in prison and a fine of up to $25,000. If convicted, a person may also be required to register as a sex offender.

Fourth-Degree Sexual Assault

Any sexual contact without consent is a fourth-degree sexual assault, including sexual contact over clothing. If a person grabs someone sexually at a bar, that person can be charged with fourth-degree sexual assault.

Penalties: Fourth-degree sexual assault is a class A misdemeanor and is punishable by up to 9 months in jail and a fine of up to $10,000.

Statutory Rape in Racine

Statutory rape, or first-degree sexual assault of a child, is a Class B felony, carrying up to 60 years in prison. If the victim is under the age of 13 and is caused great bodily harm, statutory rape is a Class A felony punishable by life in prison. Any conviction remains on your record permanently and may require registration as a sex offender, which can impact employment, housing and licensing for life.

Wisconsin law defines statutory rape as sexual assault of a child. Depending on the circumstances, charges can include:

OffenseDescriptionClassificationMaximum Penalty
First-degree sexual assault of a child Victim under 13, or under 16 with force or threats. If under 13 with great bodily harm, it becomes a Class A felony. Class B felony (or Class A if under 13 with great bodily harm) Up to 60 years in prison; life sentence for Class A
Second-degree sexual assault of a child Victim under 16 without force or threats. Class C felony Up to 40 years in prison and $100,000 in fines
Underage sexual activity Victim aged 16 or 17 when the actor is 18 or older. Class A misdemeanor Up to 9 months in jail and $10,000 in fines
Failure to act Not protecting a child 16 or younger from assault when able to do so. Class F felony Up to 12.5 years in prison and $25,000 in fines

Defending against a statutory rape accusation often involves challenging whether sexual contact occurred and whether the alleged victim was under the legal age of consent. Grieve Law’s award-winning Racine lawyers review every detail of your case to find opportunities to reduce or dismiss the charges.

Child Pornography Charges in Racine

Possession of child pornography is a Class D felony punishable by up to 25 years in prison, $100,000 in fines or both. Wisconsin law imposes a mandatory minimum of 3 years in prison for each count, meaning multiple counts can lead to decades of incarceration.

To convict, prosecutors must prove you knowingly possessed a recording showing a minor engaged in sexually explicit conduct, you knew or should have known the person was under 18 and the conduct was real or simulated. Allegations often hinge on whether you knew the content existed or that the depicted person was underage.

A conviction stays on your record permanently and can require lifetime sex offender registration. Defenses include challenging the state’s ability to prove knowledge and possession. For example, images stored automatically on a device without your awareness may not meet the legal standard for knowing possession. Grieve Law’s experienced Racine attorneys have the skills to dissect the prosecution’s evidence and develop a defense aimed at securing the best possible outcome.

Racine County Sex Crime Statistics

Racine County Sex Crime Rates

City

Rape

Sodomy/Oral
Sex

Sexual Assault
With an Object

Fondling

Incest

Statutory
Rape

All Sex
Offenses

Burlington 1 0 0 4 0 2 7
Caledonia  1 0 0 0 0 0 1
Mount Pleasant 2 1 1 8 0 2 14
Racine Co 3 1 2 3 0 5 14
Racine 29 4 0 60 0 7 100
Sturtevant 0 0 0 1 0 0 1
Waterford 0 0 0 1 0 0 1
Wind Point  0 0 0 0 0 0 0
Total 36 6 3 77 0 16 138
CONTACT OUR RACINE SEXUAL ASSAULT DEFENSE LAWYERS TO SET UP YOUR FREE LEGAL CONSULTATION FOR WISCONSIN SEXUAL ASSAULT CHARGES.

How long does a sexual assault stay on your record?

If you are convicted of a sexual assault it will remain on your record permanently. Beyond jail time and the financial penalties, you can also be required to register as a sex offender for life. In Wisconsin, all criminal convictions are maintained by CCAP (Wisconsin’s Circuit Court Access Program) making your conviction available for public view.  A sexual assault conviction will have a life-long impact on your ability to get a job, find housing, and obtain or maintain a professional license.

How to beat a sexual assault charge

Frequently a sexual assault charge comes down to what is called a “he said/she” said case, where the only evidence is the victim’s word against the person charged.  Most often sexual assault cases come down to whether there was consent for whatever took place, with the victim saying there was no consent and the other person arguing that anything that happened was consensual.  When the evidence in a case is the victim's word against yours, hiring the right lawyer to fight against your charges and put you in the best position to avoid a wrongful conviction is crucial. Our team of award-winning Racine sexual assault lawyers will work with you to make sure that you are not left with a ruined reputation and a lifetime of embarrassment from a false charge.