When Can a Person Face “Date Rape” Charges in Wisconsin?

 Posted on January 15, 2024 in Criminal Defense

Sexual assault is a serious crime, and the state of Wisconsin has put laws in place to address situations where people are accused of engaging in sexual intercourse or sexual contact with someone without receiving consent. "Date rape" refers to sexual assault committed by someone known to the victim, such as an acquaintance or romantic partner, and it often involves accusations that a person administered drugs or other substances that caused the victim to become incapable of giving consent. In Wisconsin, people who are accused of date rape will need to understand the potential penalties they may face and their options for defending against sexual assault charges.

It is important to understand what constitutes consent and when a person can face date rape charges in Wisconsin. An attorney who has experience defending people who have been accused of sexual assault can provide guidance on how to proceed in these situations, ensuring that a defendant can protect their rights and reputation.

Sexual Assault Charges in Wisconsin

Under Wisconsin law, a person may be charged with sexual assault if they are accused of engaging in sexual intercourse or other forms of sexual contact without receiving consent from the alleged victim. Some issues that may play a role in cases involving accusations of sexual assault may include:

• Lack of consent: The absence of a voluntary agreement to engage in sexual conduct is one of the primary issues addressed in sexual assault cases. If a person does not freely agree to engage in sexual activity, consent has not been given, and the other party may be charged with sexual assault.

• No reasonable belief: In some cases, a person may believe that consent was implied or that the other party had indicated that they wished to engage in sexual conduct. However, if the belief that consent was given is considered to be unreasonable, a person may be charged with sexual assault.

• Mental incapacity: A person cannot give consent to engage in sexual intercourse or sexual contact if they are mentally incapacitated. The use of drugs or alcohol may affect a person’s ability to give consent. Mental disability or other conditions that affect a person’s ability to understand what they are consenting to may also play a role in cases involving accusations of sexual assault.

Penalties for Date Rape in Wisconsin

The penalties for committing sexual assault can vary depending on various factors in Wisconsin law. Date rape will generally be classified as second degree sexual assault, which is a Class C felony. The law states that a person may be charged with second degree sexual assault if the alleged victim suffered from a temporary or permanent mental disability that affected their ability to give consent. This charge may also apply in situations where the alleged victim was unconscious or was under the influence of an intoxicant such as alcohol, sedatives, or “date rape drugs” that rendered them incapable of giving consent.

A charge may be elevated to first degree sexual assault in certain situations. This charge may apply if a person is accused of using or threatening to use a dangerous weapon such as a gun or knife while committing sexual assault. The infliction of great bodily harm to an alleged victim or causing the alleged victim to become pregnant may also result in first degree sexual assault charges. This offense is a Class B felony.

A person who is convicted of Class C felony second degree sexual assault may be sentenced to up to 40 years in prison, and they may also face fines of up to $100,000. A conviction of Class B felony first degree sexual assault may result in a prison sentence of up to 60 years.

Contact Our Waukesha County Sexual Assault Lawyer

If you have been accused of date rape or any other form of sexual assault in Wisconsin, it is crucial to seek legal representation immediately. At Bucher Law Group, LLC, our skilled Walworth County date rape defense attorney can help protect your rights throughout the legal process while working to build a strong defense on your behalf.

Our experienced attorney will thoroughly analyze all aspects of your case, examining evidence, questioning witness credibility when necessary, and reviewing police procedures followed during an investigation or arrest. We may also challenge any constitutional violations that may have occurred during your arrest or after being taken into custody. We will fight on your behalf to help you avoid a conviction while also protecting your reputation and helping you minimize the consequences you may face due to date rape accusations.

Contact us today at 262-303-4916 to set up a free consultation and get the defense you need.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/ii/225

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50