Wisconsin Sexual Battery Laws

Sexual Battery in Wisconsin refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Wisconsin, sexual battery is codified in the law as sexual assault. According to the laws of Wisconsin;

• 1st Degree Sexual Assault:
  • Sexual contact or sexual intercourse with another person without consent of that person and causing great bodily harm or impregnation; or
  • Sexual contact or sexual intercourse with another person without consent by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon; or
  • Aiding or abetting by one or more other persons and having sexual contact or sexual intercourse with another without consent by use or threat of use of force or violence.
• 2nd Degree Sexual Assault:
  • Sexual contact or sexual intercourse with another person without consent by use or threat of force or violence; or
  • Sexual contact or sexual intercourse with another person without consent and causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric case for the victim; or
  • Sexual contact or sexual intercourse with a person known to be intoxicated, known to be unconscious, or known to suffer from diminished capacities of any sort that temporarily or permanently render the victim incapable of understanding the consequences of such conduct; or
  • Sexual contact or sexual intercourse with another person without consent and with the assistance of one or more other persons;

Penalties for Sexual Battery in Wisconsin

The penalties for sexual battery classified as sexual assault have the following sentencing guidelines:

• 1st Degree Sexual Assault: Class B felony, imprisonment up to 60 years; however, for a repeat offender the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
• 2nd Degree Sexual Assault: Class C felony, fine of up to $100,000, or imprisonment of up to 40 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction

Defense of a Sexual Battery in Wisconsin

The list of defenses for Sexual battery in Wisconsin here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Wisconsin

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.