(262) 786-7100
Start with a FREE Consultation:
(262) 786-7100
Wisconsin’s laws define the crime of fourth degree sexual assault as any sexual contact without consent. To be convicted, the government must prove the defendant had sexual contact with the victim and that the victim did not consent to the sexual contact. This includes any unwanted groping of a victim’s body for arousal.
While 4th degree is the least-serious level of sexual assault, it can be a very serious matter. Short of intercourse, this type of offense can cover anything from what one person may think is an “innocent butt slap” over the jeans, all the way up to groping under clothes.
As 4th degree sexual assault can cover various forms of conduct, there are certain things that are necessary for an act to be considered a 4th degree sexual assault.
If you have been charged with 4th degree sexual assault or have been accused of it, you will want an attorney who specializes in criminal defense.
4th degree sexual assault can involve any gender. While it is most commonly male-on-female it can also be female-on-male assault. Individuals that are of the same sex can also commit a 4th degree sexual assault.
As for age, 16 years old is the general cutoff. Meaning, if the victim is under the age of 16, the offense often jumps from a 4th degree Sexual assault up to a 2nd degree sexual assault of a child. This greater charge is a class C Felony punishable by up to 40 years in prison and/or a fine of $100,000.00.
While some states may classify a “Romeo & Juliet” type scenario as a 4th degree sexual assault, that does not specifically fall under the category of a 4th degree sexual assault in Wisconsin. Instead, that would be a fact-specific matter.
In Wisconsin, 4th degree sexual assault is categorized as any “sexual contact” to which the other party does not consent.
“Sexual contact” is any intentional touching of an individual’s “intimate part(s)”. Intimate parts is defined to include parts such as the breast, buttock, anus, groin, penis, vagina, or pubic mound. The touching may be either directly or over/through the clothing and may occur with any body part or by any object. However, the touching must be intentional to be sexual assault. Accidental or incidental touching is not enough to commit this offense.
Additionally, the “sexual contact” component also requires the contact was for any of the following purposes:
As for the consent aspect, “did not consent” means the victim did not freely agree to have sexual contact with the defendant.
4th degree sexual assault can also be where the “sexual contact” was a result of causing the contact to occur. Meaning, the victim intentionally touches an “intimate part” of the defendant where the defendant caused the touching to occur. Again, this can be direct contact or through clothing.
4th degree sexual assault can potentially land someone on the sex offender registry. Some offenses have mandatory registration on the registry, such as: 1st, 2nd, or 3rd degree sexual assaults. However, sex offender registration for a 4th degree sexual assault is at a judge’s discretion.
In making that decision, judges need to decide two things: (1) whether the underlying conduct was sexually motivated and (2) if registering would be in the interest of public protection.
In determining whether registration would be in the interest of public protection, courts consider things like the age of the victim at the time of the offense, the relationship between the offender and the victim, whether the offense resulted in physical harm, the probability of the defendant re-offending, as well as any other factors that may be relevant to the case.
Charged with a crime? Don’t wait. Contact Grieve Law now to start building your defense. Whether you need a Milwaukee criminal defense attorney or a criminal defense attorney in Madison or any surrounding areas, you don’t have to fight this alone.
In making that decision, judges need to decide two things: (1) whether the underlying conduct was sexually motivated and (2) if registering would be in the interest of public protection.
In determining whether registration would be in the interest of public protection, courts consider things like the age of the victim at the time of the offense, the relationship between the offender and the victim, whether the offense resulted in physical harm, the probability of the defendant re-offending, as well as any other factors that may be relevant to the case.
Whether or not someone is put on the sex offender registry for a 4th degree sexual assault is up to the discretion of the judge in the case. More details are explained in the article above.
Marriage is not in itself a defense against 4th degree sexual assault. A married person is still able to withhold consent to something even when it comes to their spouse.
Potentially. When it comes to these types of offenses, it is very fact sensitive. Ultimately, it is a jury’s job to decide things like witness and victim credibility, intent, and guilt. Having the right attorney could potentially avoid getting to the point of a jury trial by carefully examining the victim’s statement to law enforcement and knowing what to do with that statement.
