What Makes Sex a Rape?

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(including up to 40 years of imprisonment if you’re convicted of first-degree sexual assault), so it may be in your best interest to get legal advice from an attorney.

What Makes Sex a Rape?

Consent is the key when it comes to sexual assault and rape. If the person you had sex with didn’t explicitly provide you with consent by agreeing to have sex with you, you could be found guilty in court.

Let’s say you’re at a party and you’ve been flirting with someone all night. You’ve both had too much to drink, but you end up alone in a bedroom. The other person passes out before you have sex, but he or she was very interested before passing out. If you continue while the person is passed out, a jury could convict you of rape.

What if nobody’s drinking, but the other person does say you should stop; however, he or she doesn’t offer much resistance? You should absolutely stop—otherwise, you could be committing a rape.

What the Law Says About Rape

Wisconsin law is very clear on sexual assault: It’s illegal and carries harsh penalties. The law divides sexual assault into four categories, ranging from first-degree (the most severe) to fourth-degree (the least severe). First-, second-, and third-degree sexual assault are all felonies; fourth-degree sexual assault is a Class A misdemeanor that carries a possible 9-month jail sentence and a fine of up to $10,000.

Do You Need to Talk to a Rape Defense Lawyer in Milwaukee or Waukesha?

If anyone has accused you of sexual assault or rape, whether or not you’ve been arrested or put in jail, you may want to talk to a rape defense lawyer in Milwaukee or Waukesha as soon as possible.

Call us at 484-383-6700 or 262-650-6700 for a free case review right away. We’ll evaluate your situation, give you the legal advice you need, and start developing a strategy that gets you the best possible outcome in court.

Carlos Gamino

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What Makes Sex a Rape - Carlos Gamino
By Carlos Gamino

Consensual sex is perfectly legal in the state of Wisconsin—but non-consensual sex is considered sexual assault (rape), and if a jury believes you had non-consensual sex with another person, you could go to prison.

But when is sex non-consensual? Does the other party have to say “No,” or are you supposed to pick up on cues that tell you the person isn’t interested in having sex with you?

You may want to talk to a rape defense attorney as soon as possible if someone has accused you of a sexual assault. The penalties can be extremely harsh
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