Defending Wisconsin Sexual Assault Charges
Accusations and charges of sexual assault come more frequently than they used to, in part because the stigma victims once faced has lessened. While this represents a positive development in many ways, it sometimes creates assumptions that the accused is always, automatically guilty. If you are facing accusations of sexual assault, you still have the right to a strong legal defense.
Criminal Sexual Assault Penalties
Wisconsin law establishes different degrees of sexual assault and different penalties for them. The level of the charge depends not as much on your actions as the result. First degree sexual assault, for example, is reserved for nonconsensual sexual contact or intercourse that results in either pregnancy or great bodily harm; it is punishable by up to 60 years in prison. Second degree sexual assault is that which results in moderate injury, illness, or mental harm, and comes with up to a $100,000 fine and up to 40 years in prison. Third and fourth degree sexual assault result in lower fines and sentences.
Consent as a Defense
The penalties for sexual assault differ, but every degree of the charge begins with nonconsensual sexual contact or intercourse. This can include situations with someone who did not consent, or with someone under 16 who cannot legally consent to the contact or intercourse.
Whether someone consented is considered a question of fact. If the person accusing you did not say no, proving whether the contact was consensual may be complicated. Even in these times, you have a right to a defense that the other person provided implicit or explicit consent for what happened.
You Need Experienced Counsel
Cases involving alleged sexual assault bring more than prison time and fines. Convictions usually result in a lifetime of registering as a sex offender. Your reputation may never recover once you are charged and convicted. If you have been charged, you need to work with an attorney who understands what is at stake and how to defend you. In Madison, contact Eisenberg Law Offices online or at 608-256-8356. We will work with you and give you the experienced representation you need.