Accused of Rape - Here's What to Do
Wisconsin Criminal Law Blog
Copyright 2012 by Gamino Law Offices, LLC | All rights reserved.
1746 S. Muskego Ave. | Milwaukee, WI 53204 | 414-383-6700
Accused of rape in Milwaukee? Here’s what to do.
Don’t panic. You are facing serious charges, there’s no doubt about that, but panicking can make the situation worse.
First, know what you’re up against.
Wisconsin classifies sexual assault in four degrees:
- First-degree sexual assault is sexual contact or intercourse without consent that causes pregnancy or bodily harm. It also refers to sexual contact that occurred under the use threats, the use of weapons or something that the victim could think was a dangerous weapon, and contact that occurs with the aid of another person.
- Second-degree sexual assault is sexual contact or intercourse under the use of threats of force or violence. It also refers to contact that confers an illness, disease or impairment, or that causes injury (including mental anguish that requires psychiatric care). Finally, it refers to contact with someone who is incapable of giving consent.
- Third-degree sexual assault is sexual intercourse without consent, and it also refers to several types of non-consensual sexual contact.
- Fourth-degree sexual assault is sexual contact without the other person’s consent, but the exceptions are any types of contact that could be classified as 3rd degree sexual assault.
Because the penalties for a sexual assault conviction are extremely severe in Wisconsin. Here’s what you’re up against if you’re convicted:
- First-degree sexual assault is a Class B felony. It carries a penalty of up to 60 years of imprisonment, and sex offender registration is required.
- Second-degree sexual assault is a Class C felony, and you could be imprisoned for up to 40 years and a fine of up to $100,000. Sex offender registration is required.
- Third-degree sexual assault is a Class G felony, which carries a penalty of up to 10 years of imprisonment and a fine of up to $25,000. Again, sex offender registration is required.
- Fourth-degree sexual assault is a Class A misdemeanor that can put you in jail for up to 9 months. A judge can also impose a fine of up to $10,000.
It’s so important that you contact a knowledgeable criminal defense lawyer who’s familiar with Wisconsin’s sexual assault laws. Your lawyer will work hard to get you the best possible outcome in your case – and when you’re facing up to 60 years of imprisonment, you need all the help you can get.
- Attorney Tedia Gamino
If you’ve been accused of rape or sexual assault in Milwaukee, you already know how traumatic it can be. Whether or not you’re innocent of the accusations, the ramifications can be extremely serious; you could be facing the loss of your family, your job and your freedom.
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