The age of consent in Wisconsin is 18. While 16- and 17-year-olds can consent to certain forms of sexual contact, they cannot consent to sexual intercourse. As such, an adult who engages in sexual intercourse with a minor can be charged with certain sex crimes depending on the circumstances of the incident, which also affect the penalties they might face on conviction.
The Age of Consent in Wisconsin
The age of consent is the age at which a person can consent to sexual activity. If a person is below the age of consent, they don’t have the legal authority to agree to sexual activity. Any sexual intercourse conducted with a person below the age of consent is a crime, regardless of whether the victim agreed to engage in intercourse with the perpetrator.
In Wisconsin, the age of consent for sexual intercourse is 18. Individuals aged 16 or 17 can consent to sexual contact (such as touching and fondling), but not to intercourse.
Second-Degree Sexual Assault of a Child
Under Wisconsin law, a person who has sexual contact or intercourse with a child below the age of 16 is guilty of second-degree sexual assault of a child, a Class C felony. The penalty for a Class C felony is up to 40 years in prison and a fine of up to $100,000.
First Degree Sexual Assault of a Child
First-degree sexual assault of a child is generally a Class B felony. First-degree sexual assault of a child includes:
- Sexual intercourse with a person below the age of 12.
- Sexual contact or intercourse with a person below the age of 13.
- Sexual intercourse with a person below the age of 16 using threats or violence when the attacker is at least 18.
The penalty for a Class B felony is up to 60 years in prison.
First-degree sexual assault of a child is a Class A felony if the victim is under age 13 and suffers great bodily harm. The penalty for a Class A felony is life in prison.
Underage Sexual Activity
If the child is 15 or above and the person being charged is under age 19, the charge for intercourse is underage sexual activity rather than sexual assault and is a Class A misdemeanor. The same is true for sexual contact if the child is 15 years old but not yet 16. The penalty for a Class A misdemeanor is up to nine months in jail and a fine of up to $10,000.
Sexual Assault in Marriage
Some people believe that marrying a minor makes it impossible for them to be charged with sexual assault of a child, but this is not the case. It is true that a person under age 19 cannot be charged with underage sexual activity with their spouse if their spouse is at least 15. However, marriage is no defense against a charge of sexual assault of a child.
Contact a Wisconsin Sex Crimes Defense Attorney Immediately
Sexual activity of any kind with a person below the age of consent is a serious crime in Wisconsin. Sexual assault of a child can result in decades in prison. If you’ve been charged with sexual contact or intercourse with a child in Wisconsin, you need the best criminal defense attorney you can find.
Jasti, Zehawi & Johnson LLC has over 50 years of combined experience with criminal defense in Wisconsin. We understand the role of addiction and mental health challenges in criminal offenses, and we work tirelessly to get the best possible results for our clients. If you’ve been charged with a sex crime in Madison, Wisconsin, contact Jasti, Zehawi & Johnson LLC immediately.