Statutory Rape Defense by Waukesha Law Firm
Romeo and Juliet Laws Do NOT Exist in Wisconsin
In many states, "Romeo and Juliet" clauses exist which allow certain exceptions to statutory rape laws. If, for example, someone age 15, 16, or 17 is within three years of his/her romantic partner, statutory rape charges will not be pursued, so long as the sexual intercourse is consensual. Unfortunately for many Wisconsin teenagers, a Romeo and Juliet clause along these lines does not exist in Wisconsin, leading to an increased need for statutory rape defense by our Waukesha Law Firm.
Depending on the jurisdiction, a range of terms describe the offense of Statutory Rape, 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 simply Carnal Knowledge)
Penalties for Statutory Rape in Wisconsin
Under Chapter 948.02 of Wisconsin Legislature: First degree sexual assault of a child is charged when sexual contact between a legal adult and a minor age 12 or under might have taken place.
- First degree sexual assault of a child causing injury is a Class A felony punishable by life in prison.
- First degree sexual assault of a child causing no injury is a Class B felony punishable by up to 60 years in prison
A felony conviction is possible if sexual intercourse did not occur – touching sexually with clothes on constitutes as the same punishable offense.
Second degree assault of a child involves a legal adult and a minor age 13 through 15.
Second degree sexual assault of a child is a Class C felony punishable by:
- Up to 40 years in prison
- Up to $100,000 in fines
- Or both
Where the law gets particularly dicey is under Chapter 948.09 of Wisconsin Legislature: sexual intercourse with a child 16 or older is in direct violation of the law. This means any man or woman age 18 or older who has sexual intercourse with a boy or girl age 16 or 17 will be facing a class A misdemeanor.
Penalties for a Class A misdemeanor in Wisconsin include:
- Up to 9 months in jail
- Up to $10,000 in fines
- Or both
To make matters worse, genuinely believing he/she was younger than he or she claimed is not a viable defense option in the state of Wisconsin. The good news is our Milwaukee sexual assault defense attorneys know how to help with these exact legal situations.
The Only Thing Sexual Assault Clients in Milwaukee CAN'T Afford Is the Loss of Their Future
Perhaps your 18 year old son was seeing a young female with similar interests – the two probably looked the same age. In a disastrous turn of events, it turns out she was under the consensual age in the state of Wisconsin. With today’s technology ending the age of privacy, the result of terms like “sexting” carry significant weight in supplying prosecutors with evidence proving sexual conduct took place. If sexual photographs of the minor are on the young man's cell phone – even if the girl was the young man's girlfriend – the charge could then become child pornography.
Should the 17 year old get a chip on her shoulder against your 18 year old son, prosecution might be pursued. There is inarguably a difference between your son’s crime and an old man raping a young girl. Yet your son could devastatingly be forced to register as a sex offender, same as convicted pedophiles.
Not doing something is the worst mistake you can make, and will cost you outrageous amounts of money in fines and loss of income, as well as personal dignity. Flexible payment plans offered by Grieve Law prove we are interested in more than pocketing your hard-earned cash – we are just as hard-working as anybody and care about genuinely helping your case. Working out a personal payment plan for affording a Milwaukee defense attorney makes it entirely possible for you to get the representation needed to have your loved one’s charge significantly reduced or altogether dropped.