Wisconsin Rape and Sexual Assault Laws
Created by FindLaw's team of legal writers and editors | Last updated March 28, 2018
It's a crime in Wisconsin to rape or sexually assault anyone -- man, woman, child, spouse, or significant other. Generally, the criminal penalties vary based on how much force or violence is used, whether weapons are displayed, and other aggravating factors, including the age of the victim. Wisconsin doesn't use the term rape. Instead, this crime is called sexual assault and is divided into four degrees covering different types of offensive sexual actions.
The table below details Wisconsin's rape and sexual assault laws.
Code Sections |
Wisconsin Statutes Sections 940.225 - Sexual Assault and 948.02 - Sexual Assault of a Child |
What is Prohibited? |
Sexual assault in Wisconsin is divided into four levels with the first being the most serious:
Note: This law applies whether the victim is alive or dead when the assault occurs. Also, if separate sexual assaults occur, even on the same day in the same location, they're considered separate offenses and a person can be charged with both. If the victim is a child, the Sexual Assault of a Child statute applies. This law is also divided into degrees, but only two.
Note: If the defendant believes an adult is a child, for example in a police sting operation, the state can still prosecute him or her for attempted child sexual assault. |
Penalty |
The penalties for the above listed sexual assault crimes are:
Additionally, a sexual assault conviction will almost certainly get you on the national sex offender registry. This affects where you can live and work, as well as your reputation when friends find out you're on the registry. You'll need to confirm your address with the local police department for several years to the rest of your life. |
Defenses |
Many typical defenses, such as innocence or insanity, may apply to rape. Also, consent can be a defense to sexual assault, if the victim is of age to consent, was conscious, and did through words or overt actions agree to the activity. However, for sexual assault of a child (includes statutory rape), the consent of the child isn't relevant and isn't a defense. Unless the defendant asserts that he or she didn't consent to the sexual contact or sex, i.e. that the child raped him or her, then the issue of lack of consent is relevant and is a defense. Also, Wisconsin law specifically says being married isn’t an automatic defense for sexual assault of adults or children, as you can still rape your wife or husband. |
Note: State laws change frequently -- contact a Wisconsin sex crime attorney or conduct your own legal research to verify the laws you're researching.
Related Resources
- The Sex Offender Registry: What You Need to Know
- Wisconsin Child Pornography Laws
- Wisconsin Domestic Violence Laws
- Wisconsin Protection Order Laws
- Find a Wisconsin Criminal Defense Attorney
Charged With Rape or Sexual Assault? Professional Legal Help is Paramount
If you have been charged with rape or sexual assault in Wisconsin, you could be facing several years in prison and the stigma that comes with being a sex crimes registrant. Everyone deserves the right to a fair trial and assistance of counsel, so it's in your best interests to lawyer-up. Get started today by reaching out to a Wisconsin criminal defense lawyer.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.