In Wisconsin, a person may commit a crime if they engage in sexual intercourse or contact with a person under the age of consent. Other states have similar criminal laws, commonly referred to as “statutory rape” laws, because a person can face prosecution even if the minor agrees to engage in sexual intercourse or contact. However, some states have a defense to statutory rape for couples close in age, commonly known as “Romeo and Juliet” laws.
Does Wisconsin Have a “Romeo and Juliet” Law?
Some states have so-called “Romeo and Juliet” laws, which provide a defense to prosecution for statutory rape or other similar crimes when a defendant and alleged victim are close in age to one another. “Romeo and Juliet” laws ensure that young couples who become sexually active do not face statutory rape charges when one partner reaches the age of consent before the other. However, Wisconsin does not recognize a “Romeo and Juliet” defense to a charge of sexual assault of a child. Instead, a person can face prosecution for sexual assault of a child if they engage in sexual intercourse with a person under 18 or sexual contact with a person under 16.
What is the Age of Consent in Wisconsin?
Wisconsin sets the age of consent for sexual intercourse at 18. However, a person aged 16 or 17 can consent to sexual contact. The law defines sexual contact as including:
- Intentional touching, whether directly or through closing, of another person’s intimate parts,
- Touching another person’s urine, feces, or ejaculate, or
- Intentional emission of urine, feces, or ejaculate upon another person, done for the purpose of sexually humiliating another person or for one’s sexual arousal or gratification
A person who engages in sexual intercourse or contact with a person under the age of consent in Wisconsin may face charges of sexual assault of a child. A person commits first-degree sexual assault of a child if they engage in sexual intercourse or contact with a child under 13, engage in sexual intercourse with a child under 12, or engage in sexual intercourse or contact with a child under 16 by use or threat of force or violence. A person commits second-degree sexual assault of a child if they engage in sexual intercourse or contact with a child under 16.
Important Considerations
Wisconsin’s sexual assault of a child statute raises important considerations for individuals. First, a person may face prosecution for engaging in sexual intercourse or contact with a minor under the age of consent, even if the minor agrees to sexual intercourse or contact. However, prosecutors may decline to press charges in cases where both parties are under the age of consent for sexual intercourse or contact in Wisconsin.
Contact a Criminal Defense Attorney Today
If you face charges of sexual assault of a child in Wisconsin, you need experienced legal counsel to protect your rights and reputation. Contact Jasti Zehawi & Johnson LLC today for a free, confidential consultation with our legal team to discuss your options for a favorable resolution to your charges.