Statutory Rape Lawyer in Madison
Romeo and Juliet Laws Do NOT Exist in Wisconsin
“Romeo and Juliet” clauses create exceptions to statutory rape laws. If someone who is 16, 16, or 17 is within three years of his/her romantic partner, statutory rape charges will not be pursued, as long as the sexual intercourse is consensual. This does NOT exist in Wisconsin, allowing for a greater number of teenagers to be charged with statutory rape. Creating a need for strong criminal defense attorneys.
Depending on the jurisdiction, Statutory Rape can be described with a range of terms, including:
- Sexual Assault (SA)
- Rape of a Child (ROAC)
- Corruption of a Minor (COAM)
- Unlawful Sex with a Minor (USWAM)
- Carnal Knowledge of a Minor (CKOAM)
- Unlawful Carnal Knowledge (UCK)
- Sexual Battery (or Carnal Knowledge)
Penalties for Statutory Rape in Wisconsin
According to Wisconsin Statute 948.02, first degree sexual assault of a child is charged when there is sexual contact between an adults and a minor under the age of 13.
- First degree sexual assault of a child is a class B felony punishable by up to 60 years in prison.
A felony can still be possible even if sexual intercourse did not occur, sexual touching with clothes on would still constitute this offense.
Second degree assault of a child is between a legal adult and a minor aged 13 through 15.
Second degree sexual assault of a child is a class C felony that has maximum penalties of:
- Up to 40 years in prison
- Up to $100,000 in fines
- Or both
The law gets more complicated under Wisconsin Statute 948.09 which states that sexual intercourse with a child 16 or older is in direct violation of the law. Meaning anyone age 18 or older who has sexual intercourse with a boy or girl age 16 or 17 will be facing a class A misdemeanor.
Class A misdemeanor penalties include:
- Up to 9 months in jail
- Up to $10,000 in fines
- Or both
Genuinely believing he/she was older than he or she claimed to be is not a viable defense option in the state of Wisconsin. Our Madison sexual assault defense attorneys know how to help with these complicated legal situations.
You are only guilty if you are convicted™
The Only Thing Sexual Assault Clients in Madison CAN'T Afford Is the Loss of Their Future
Say your 18 year old son was seeing a girl at his high school- the two probably looked the same age. An innocent relationship can turn disastrous if it turns out she was under the consensual age in Wisconsin. With technology so prominent in all aspects of teenagers lives, “sexting” can carry significant weight in the court room, proving sexual conduct took place. If sexual photographs of the minor are on your son’s phone- even if they were dating- can result in a child pornography charge.
Should the police ever get involved, the prosecution could pursue misdemeanor and felony charges. 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. Grieve Law offers flexible payment plans because we genuinely want to help with your case. These payment plans allow you to get the quality representation you deserve with an experienced Madison criminal defense attorney who can build a case to get your charges reduced or dropped.