Statutory rape is committed when an adult has sexual intercourse with a person who is below the legally defined age of consent. It is a crime even if the minor fully consented, because people under a certain age are considered too immature to commit to sex. In Wisconsin, the official age of consent is 16. This can be misleading, however, because sexual contact between an adult and a sixteen year old person is still illegal, although not punished as severely.
Types of Statutory Rape
In Wisconsin law, statutory rape is considered a form of sexual assault. It is divided into different charges according to certain factors, such as the age of the minor involved. These charges are:
- Sexual Assault of a Child in the First Degree. Defined as sexual contact with a child under the age of 13. It is a Class B felony.
- Sexual Assault of a Child in the Second Degree. Defined as sexual contact with a minor who is under the age of 16. It is a Class C felony.
- Misdemeanor Sexual Assault of a Minor in the First Degree. Defined as sexual contact with a minor who is between the ages of 16 and 18. This law is waived if the minor in question is married to the defendant. Otherwise, it is a Class A misdemeanor.
Penalties for Statutory Rape
The government of Wisconsin punishes statutory rape severely. The penalties if a person is convicted are:
- Class B Felony: Imprisonment for up to 60 years
- Class C Felony: A fine of up to $100,000 and/or imprisonment up to 40 years
- Class A Misdemeanor: A fine of up to $10,000 and/or imprisonment up to 9 months
If you have been charged with statutory rape, you need expert legal guidance to protect your rights. Contact Milwaukee statutory rape defense attorneys Hart Powell, S.C. at (414) 271-9595.
Written by Michael Hart & Craig PowellLast Updated : May 20, 2021