Charges for sexual assault of a minor occur far more often than people might expect, and are often false accusations, particularly made by angered teenage girls rebelling against a father's grounding or other disciplinary actions. The mandatory reporting system requires that all accusations be investigated; once the allegation is made, it becomes very difficult for the teenager to retract the statements before the investigation blows up into official charges. The majority of men who actually sexual assault a child seek help, not defenses; but the falsely accused father has no alternative but to defend himself against the allegations. In other cases, we tend to work with many young men who have younger girlfriends (under 18 years of age); serious relationships between the two that evolve into sexual relationships are often reported as rapes when the girl's parents learn of their daughter's sexual activity.
Under Wisconsin law, first degree sexual assault of a child is defined as any contact of a sexual nature with a person who is under the age of 13 years.
First degree sexual assault of a child is a Class B Felony subject to 60 years in prison.
Under Wisconsin law, second degree sexual assault of a child is defined as any sexual contact with a person who is older than 13 years but less than 16 years.
Second degree sexual assault of a child is a Class C Felony subject to imprisonment for up to 40 years, fines up to $100,000, or both.
Sexual assault of a child over 16 years
Sexual assault of a child who is at least 16 years old but less than 18 years old is a Class A Misdemeanor, which carries a possible sentence to jail for 9 months, fines up to $10,000 or both.
repeated acts of sexual assault of a child - same child, repeated acts
If the victim alleges that more than one act of sexual assault occurred, the state may bring charges for repeated acts of sexual assault of the same child to eliminate the necessity for them to show and prove at trial the exact dates upon which the sexual assaults occurred. "Repeated acts" alleges that the sexual assault was committed on the same child and on more than one occasion.
Failure to protect and prevent sexual assault of a child
A person who fails to prevent sexual assault of a child can be charged with a Class F Felony, which carries a possible sentence of imprisonment for twelve and one half years, fines up to $25,000, or both.
rape vs. sexual assault
Previously referred to as a rape charge, or statutory rape if the alleged victim is under the legal age (18 years) to permit consensual sexual relations, sexual assault both broadened the scope of the sexual act and increased the penalties.
Call us today: 1-866-262-4599
To speak with an experienced and well-respected criminal defense lawyer, please contact an attorney at Van Wagner & Wood right away.
top of page