By Monica SteinerContributing Author. In Wisconsin, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same ageas opposed to sex between a minor and a much older adult.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal Laws on dating a minor in wisconsin Wisconsin and prosecuted as forcible rape. For information about rape between spouses, see our article on Marital Rape Laws. First degree sexual assault of a child occurs when there is sexual contact sexual touching, even over clothing, without penetration or intercourse sexual penetration, however slight, with an object or body part between a minor who is 12 or younger, and a defendant of any age.
This offense is a class B felonywhich incurs up to 60 years in prison.
Second degree sexual assault of a child occurs when there is sexual contact between a minor who is 13 or 14 years old and a defendant of any age, or sexual contact between a minor who is 15 years old and a defendant who
Laws on dating a minor in wisconsin 19 or older.
Underage sexual activity involves the following, unless the defendant is the minor's spouse described below:. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including statutory rape must register as sex offenders.
Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
But in Wisconsin, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape. Many states have "Romeo and Juliet" exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment.
In Wisconsin, there is a Romeo and Juliet exemption for consensual sexual contact between a year-year old and someone younger than 19, or consensual sexual intercourse between a minor who is 15, 16, or 17 and someone younger than However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.
The conduct is still illegal unless the pair is marriedbut someone protected by this exception will face the possibility of smaller fines and reduced jail time. Sexual contact with someone younger than 15, however, is always a felony, and a conviction can result in significant prison time, fines, or both.
If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time ; and will know how prosecutors and judges typically handle cases like yours.
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Laws on dating a minor in wisconsin the minor's spouse described below: Laws on dating a minor in wisconsin Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including statutory rape must register as sex offenders.
Statutory Rape Marital Exception Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married. See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
Updated September 5, Share on Google Plus. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area Please select How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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Sales Sales Affiliates Library Trade. Legal Question & Answers in Criminal Law in Wisconsin: Dating a minor In WI, can a 21 year old date a 15 year old without having. Underage sex is a crime under Wisconsin law "People don't know it's illegal," said Krings of sexual contact between minors. Under Wisconsin law, a person under age 18 isn't old enough to legally give consent to having.
Persons who live in Wisconsin should pay special attention to this state's specific laws, especially when concerning minors as there are some.