Wisconsin Marital Rape Statutes

Wisconsin's criminal code expressly states that there is no exemption against an accusation of marital rape. Section 940.226(6) provides that marriage to the complainant is not a bar to prosecution under the sex offenses statutes. Therefore, a spouse-defendant will be subject to the same penalties as a non-spousal rape defendant.

Current Wisconsin Laws

The following are two statutes under which a complainant can charge a spouse for sexual offenses:

First Degree Sexual Assault

Section 940.225(1) states that a person is guilty of first degree sexual assault when the person:

(a) has sexual contact or intercourse with another person without consent and causes pregnancy or great bodily harm to that person;

(b) has nonconsensual sexual contact or intercourse with another person by use or threat of use of a dangerous weapon or an article the victim reasonably believes to be a dangerous weapon; or

(c) has nonconsensual sexual contact or intercourse with another through use or threat of force or violence and is aided or abetted by one or more other persons.

Sexual assault is a Class B felony.

Second Degree Sexual Assault

Section 940.225(2) provides that a person is guilty of second degree sexual assault when that person:

(a) has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence;

(b) has nonconsensual sexual contact or intercourse with another and causes injury, illness, disease, or impairment of a sexual or reproductive organ, or mental anguish that subsequuently requires psychiatric care for the victim;

(c) has sexual contact or intercourse with a person whom the defendant knows suffers from a mental illness or deficiency which renders the victim temporarily or permanetly of appraising the person's conduct;

(cm) has sexual contact or intercourse with a person the defendant knows is under the influence of an intoxicant which renders the victim incapable of giving consent and the defendant intends to have sexual contact or intercourse while the victim is unable to give consent;

(d) has sexual contact or intercourse with a person whom the defendant knows is unconscious; or

(f) is aided or abetted by one or more persons and has sexual contact or intercourse with another person without that person's consent.

Second degree sexual assault is a Class C felony.

Penalties

A Class B felony is punishable by up to 60 years in prison while a Class C felony is punishable by up to 40 years in prison with a possible fine of up to $100,000.

Finding an Attorney

If you face marital rape charges in Wisconsin, you cannot assert a defense based on your marital status to the complainant. If convicted, you can serve extensive prison time. Find an experienced attorney to protect your rights throughout the case.