Accusations and charges of sexual assault come more frequently than they
used to, in part because the stigma victims once faced has lessened. While this
represents a positive development in many ways, it sometimes creates
assumptions that the accused is always, automatically guilty. If you are facing
accusations of sexual assault, you still have the right to a strong legal
defense.
Criminal Sexual Assault Penalties
Wisconsin law establishes different degrees of sexual assault and different
penalties for them. The level of the charge depends not as much on your
actions as the result. First degree sexual assault, for example, is reserved
for nonconsensual sexual contact or intercourse that results in either
pregnancy or great bodily harm; it is punishable by up to 60 years in prison.
Second degree sexual assault is that which results in moderate injury, illness,
or mental harm, and comes with up to a $100,000 fine and up to 40 years in
prison. Third and fourth degree sexual assault result in lower fines and
sentences.
Consent as a Defense
The penalties for sexual assault differ, but every degree of the
charge begins with nonconsensual sexual contact or intercourse. This can
include situations with someone who did not consent, or with someone under 16
who cannot legally consent to the contact or intercourse.
Whether someone consented is considered a question of fact. If the person
accusing you did not say no, proving whether the contact was consensual may be
complicated. Even in these times, you have a right to a defense that the other
person provided implicit or explicit consent for what happened.
You Need Experienced Counsel
Cases involving alleged sexual assault bring more than prison time and fines. Convictions usually result in a lifetime of registering as a sex offender. Your reputation may never recover once you are charged and convicted. If you have been charged, you need to work with an attorney who understands what is at stake and how to defend you. In Madison, contact Eisenberg Law Offices online or at 608-256-8356. We will work with you and give you the experienced representation you need.
This post was originally published at https://www.eisenberglaw.org/defending-wisconsin-sexual-assault-charges
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