Kayleigh’s Law Would Allow Sexual Assault Victims to Petition for Lifetime Restraining Orders

 Posted on July 30, 2021 in Criminal Defense

A new bill has been introduced to Wisconsin lawmakers that would allow the victims of sexual assault to petition the court for a lifetime restraining order against their convicted perpetrator. “Kayleigh’s Law” was recently presented in both the House and the Senate and, if approved, would give victims the ability to obtain a restraining order against their assaulter even after the assaulter’s probation has ended. The law was recently signed into law in Arizona, the first state in the country to do so.

Sexual Assault Victims

According to state statistics, 20 percent of Wisconsin high school students say that someone has forced them to engage in sexual acts they did not want to participate in. Nationally, one in three women and one in six men have been victims of sexual violence, and 90 percent of victims know the person who sexually assaulted them.

Under current Wisconsin law, adult victims can only obtain a restraining order against their assaulter for up to four years. Child victims can obtain a restraining order against their assaulter for up to two years. In some situations, the restraining order may be extended up to 10 years for an adult victim and up to five years for a child, but only if there is a substantial risk to the victim.

Under Kayleigh’s Law, a victim could petition the court for a lifetime restraining order if their perpetrator was convicted of first-, second- or third-degree sexual assault without the need for proving substantial risk.

Restraining Orders in Wisconsin

There are four types of restraining orders that an alleged victim can apply for under Wisconsin law, domestic abuse, harassment, child abuse, and individual at risk.

A domestic abuse restraining order is typically issued between adult family or household members, former spouses, adults who have had a dating relationship, co-parents, or an adult caregiver. Some of the most common reasons why the court will issue a domestic restraining order include:

• The accused intentionally inflicted pain or injury on the victim.

• The accused intentionally inflicted impairment of a victim’s physical condition.

• The accused sexually assaulted the victim.

• The accused is stalking the victim.

• The accused intentionally caused damage to the victim’s property.

• The accused is threatening any of the above actions.

Some of the behaviors that could convince the court to issue a harassment restraining order against the accused include any physical contact meant to cause harm, sexual assault, or attempts or threats of any of these acts.

A child abuse restraining order can be issued if there are any allegations of the accused causing physical harm to the child, sexual assault, trafficking the child, or emotional harm due to neglect.

The court will issue an individual at risk restraining order when the alleged victim has a mental or physical condition that impairs their ability to care for their own needs or for adults who are over the age of 60 if they are at risk or are experiencing any of the following:

• Emotional abuse

• Physical abuse

•  Sexual abuse

• Financial exploitation

• Neglect

• Unreasonable restraint or confinement

• Medical treatment without consent

• Harassment

Contact a Waukesha County Defense Attorney Today

If you have been accused of sexual assault, the penalties if you are convicted could be harsh. There is also the significant impact that conviction could have on your future. A skilled Milwaukee County sexual assault attorney can help defend you against these charges and to make sure your constitutional rights are protected. Call Bucher Law Group, LLC at 262-303-4916 to schedule a confidential consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/813/12/1/am

https://www.wispolitics.com/wp-content/uploads/2021/07/210721_KayleighsLaw.pdf