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I cannot imagine a more embarrassing, frightening and emotional situation than being accused of a sexual assault or other sex crime. Immediately you think about the allegations and how they will affect your job and your family. You begin to wonder, "how will this affect my reputation?", "will my family and friends abandon me? or support me?"
You may become angry and enraged over the allegations. You may become humbled and ashamed.
Any charge involving a sex crime, whether it is a sexual assault accusation or a charge of child pornography is a serious one, with possible long-term, life-altering consequences. These charges require a sexual assault attorney experienced in such cases. If convicted, you face the possibility of jail, prison, loss of employment, loss of friends, fines, restitution, and the possibility of lifetime sex-offender registration. Even probation as a sex offender comes with overly severe restrictions on employment, residence, and lifestyle. Mere allegations involving sex crimes and sexual assault charges bring embarrassment, humiliation and many times leaves the person charged with a social stigma.
The criminal defense attorneys at Brabazon Law Office are experienced in handling cases involving sexual assault or other sex crimes. We routinely retain private investigators to talk to witnesses, take pictures of the scene where the offense is alleged to have occurred, perform background checks on the accuser and any other witnesses and fully investigate the allegation.
Our experienced Wisconsin sexual assault attorneys have commonly utilized experts to aggressively defend our clients in various allegations involving sexual assault and other sexual crimes. We have retained experts regarding DNA, lie detectors and voice stress tests. We have employed psychologists, psychiatrists, counselors, sentencing experts, former police officers, former probation and parole supervisors and nurses to help us provide the best legal defense possible.
Many times, key pieces of evidence can help a defendant prove his or her innocence. Some of these items such as telephone records, 911 tapes, witness statements, dispatch reports, videotape, and other physical evidence may only be available for a short period of time. They may be lost, damaged, or destroyed. Whether they become unavailable on purpose or by accident, their loss may significantly impact your ability to defend yourself from these charges.
Call an experienced sexual assault attorney at Brabazon Law Office today. Let a Green Bay attorney from our office offer you a free consultation. The consultation is free, but the advice is priceless. Call us at (920) 494-1106
Here is a list of the more common charges we defend and more information about the specifics of each criminal charge.
• Sexual Assault (not involving a minor)
• Sexual Assault of a Child
• First Degree Sexual Assault
• First Degree Sexual Assault of a Child
• Second Degree Sexual Assault
• Second Degree Sexual Assault of a Child
• Third Degree Sexual Assault
• Repeated Acts of Sexual Assault of a Child
• Fourth Degree Sexual Assault
• Failure to Act/Prevent
• Exposing a Child to Harmful Materials
• Child Pornography
• Sexual Exploitation of a Child
• Sexual Intercourse with a Child age 16 or Older
• Use of a Computer to Facilitate Child Sex Crime
• Soliciting a Child for Prostitution
• Causing a Child to View/Listen Sexual Activity
• Child Enticement
If you have been accused of a sexual assault or other sex crime, it is imperative for you to hire an experienced sexual assault attorney from Brabazon Law Office immediately. We will begin to investigate your case and your accuser. These allegations are a personal assault on you. You need us to protect you and your family.
Typically, an allegation of sexual assault will specify whether the assault involved sexual contact (touching, generally) or sexual intercourse (penetration). In most claims of sexual assault, the law does not recognize different potential penalties whether the case involves sexual contact or sexual intercourse. Thus, the maximum penalty covers both sexual contact and sexual intercourse. If convicted, however, a Judge may be more lenient if the case involves sexual contact rather than sexual intercourse.
Cases of Sexual Assault are categorized by degrees. The higher the degree, the more significant the potential penalties.
First Degree Sexual Assault in Wisconsin, includes the following:
• Sexual contact or sexual intercourse with another person, without
the consent of that person and causing great bodily harm or pregnancy;
• Sexual contact or sexual intercourse with another person, without the
consent of that person or and by use or threat of use of a dangerous
weapon (or anything used in a manner to lead the victim to reasonably
believe it was a dangerous weapon); or
• is aided or abetted by one or more other persons and has sexual contact
or sexual intercourse with another person without consent of that person
by use or threat of force or violence.
First Degree Sexual Assault is a Class B Felony
Second Degree Sexual Assault in Wisconsin, includes the following:
• sexual contact or sexual intercourse with another person without
consent of that person by use or threat of force or violence.
• sexual contact or sexual intercourse with another person without
consent of that person and causes injury, illness, disease or impairment
of a sexual or reproductive organ, or mental anguish requiring
psychiatric care for the victim.
• sexual contact or sexual intercourse with a person who suffers from
a mental illness or deficiency which renders that person temporarily
or permanently incapable of appraising the person's conduct, and the
defendant knows of such condition.
• sexual contact or sexual intercourse with a person who is under the
influence of an intoxicant to a degree which renders that person
incapable of giving consent if the defendant has actual knowledge that
the person is incapable of giving consent and the defendant has the
purpose to have sexual contact or sexual intercourse with the person
while the person is incapable of giving consent.
• sexual contact or sexual intercourse with a person who the defendant
knows is unconscious.
• Is aided or abetted by one or more other persons and has sexual
contact or sexual intercourse with another person without the consent
of that person.
• Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h)
or (k) and has sexual contact or sexual intercourse with a person who
is a patient or resident of the facility or program.
• sexual contact or sexual intercourse with an individual who is confined
in a correctional institution if the actor is a correctional staff member.
This paragraph does not apply if the individual with whom the actor
has sexual contact or sexual intercourse is subject to prosecution for
the sexual contact or sexual intercourse under this section.
• sexual contact or sexual intercourse with an individual who is on
probation, parole, or extended supervision if the actor is a probation,
parole, or extended supervision agent who supervises the individual,
either directly or through a subordinate, in his or her capacity as a
probation, parole, or extended supervision agent or who has influenced
or has attempted to influence another probation, parole, or extended
supervision agent's supervision of the individual. This paragraph does
not apply if the individual with whom the actor has sexual contact or
sexual intercourse is subject to prosecution for the sexual contact or
sexual intercourse under this section.
• Is a licensee, employee, or non-client resident of an entity, as defined
in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual
intercourse with a client of the entity.
Second Degree Sexual Assault is a Class C Felony
Third Degree Sexual Assault in Wisconsin, includes the following:
• Sexual Intercourse with a person without the consent of that person, or
• Sexual Contact with the victim without the consent of the victim if that
person intentionally ejaculates, urinates or defecates upon any part
of the body clothed or unclothed of the victim if such act was intended
for the purposes of sexual degradation, sexual humiliation, sexual
arousal or sexual gratification.
Third Degree Sexual Assault is a Class G Felony
Fourth Degree Sexual Assault in Wisconsin, includes the following:
• Sexual Contact with person without that person's consent
Fourth Degree Sexual Assault is a Class A Misdemeanor
Under Wisconsin law, any person under the age of 18 is incapable of giving consent. Thus, it is illegal to have any sexual activity with any person under that age of 18 regardless if they consent to the sexual activity or not, and regardless if the consenting party is of the same age or not. For example, if two fifteen year old kids agree to have sexual intercourse, they both may be charged with felony sexual assault!
• Whoever has sexual contact or sexual intercourse with a person who
has not attained the age of 13 years and causes great bodily harm to
the person. This subjects a person to the penalties of a Class A felony.
• Whoever has sexual intercourse with a person who has not attained the age
of 12 years. This subjects a person to the penalties of a Class B felony.
• Whoever has sexual intercourse with a person who has not attained the age
of 16 years by use or threat of force or violence. This subjects a person
to the penalties of a Class B felony.
• Whoever has sexual contact with a person who has not attained the age
of 16 years by use or threat of force or violence. This subjects a person
to the penalties of a Class B felony if the actor is at least 18 years of
age when the sexual contact occurs.
• Whoever has sexual contact with a person who has not attained the age
of 13 years. This subjects a person to the penalties of a Class B felony.
• Whoever has sexual contact or sexual intercourse with a person who
has not attained the age of 16 years. This subjects a person to the
penalties of a Class C felony.
A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
Even if the parties are legally married, their marriage is not a bar to prosecution.
It does not matter if a victim is dead or alive at the time of the sexual contact or sexual intercourse.
Other penalties may be applied, depending upon the number of violations and the seriousness of the violations involving the same child victim.
Whoever commits 3 or more violations under s. 948.02 (1) or (2) within a
specified period of time involving the same child is guilty of:
A Class A felony if at least 3 of the violations were violations of
• sexual contact or sexual intercourse with a person who has not
attained the age of 13 years and causes great bodily harm to the person
A Class B felony if at least 3 of the violations were violations of
• sexual contact or sexual intercourse with a person who has not
attained the age of 13 years and causes great bodily harm to
the person, or
• sexual intercourse with a person who has not attained the age
of 12 years, or
• sexual intercourse with a person who has not attained the age of
16 years by use or threat of force or violence
A Class B felony if at least 3 of the violations were violations of
• sexual contact or sexual intercourse with a person who has not
attained the age of 13 years and causes great bodily harm to
the person, or
• sexual intercourse with a person who has not attained the age
of 12 years, or
• sexual intercourse with a person who has not attained the age
of 16 years by use or threat of force or violence or
• sexual contact with a person who has not attained the age of 16
years by use or threat of force or violence.
A Class B felony if at least 3 of the violations were First Degree Sexual
Assaults of a Child
A Class C felony if at least 3 of the violations were First or Second
Degree Sexual Assaults of a Child.
In Wisconsin, it is illegal to possess any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances:
(a) The person knows that he or she possesses the material.
(b) The person knows the character and content of the sexually
explicit conduct in the material.
(c) The person knows or reasonably should know that the child engaged
in sexually explicit conduct has not attained the age of 18 years.
It is also illegal to exhibit or play a recording of a child engaged in sexually explicit conduct, if all of the following apply;
(a) The person knows that he or she has exhibited or played the recording.
(b) Before the person exhibited or played the recording, he or she knew
the character and content of the sexually explicit conduct.
(c) Before the person exhibited or played the recording, he or she knew
or reasonably should have known that the child engaged in sexually
explicit conduct had not attained the age of 18 years.
If the defendant is over 18, this is a Class D felony.
If the defendant is under 18, this is a Class I felony.
It is illegal in Wisconsin to have sexual intercourse with a child who is not the defendant's spouse and who is between the ages of 16 and 18.
This is a Class A misdemeanor
It is unlawful in Wisconsin to intentionally solicit or cause any child to engage in an act of prostitution or to establish any child in a place of prostitution.
This is a Class D felony.
It is a violation of Wisconsin law for someone causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place with intent to commit any of the following acts:
(1) Having sexual contact or sexual intercourse with the child, or
(2) Causing the child to engage in prostitution,or
(3) Exposing a sex organ to the child or causing the child to expose a
sex organ, or
(4) Recording the child engaging in sexually explicit conduct, or
(5) Causing bodily or mental harm to the child, or
(6) Giving or selling to the child a controlled substance or controlled
substance analog.
This is a Class D felony.
It is unlawful in Wisconsin to intentionally cause a child who has not attained 18 years of age to view or listen to sexually explicit conduct if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child.
This is a Class F felony if the child has not attained the age of 13 years.
This is a Class H felony if the child is over 13 years but has not attained
the age of 18 years.
It is unlawful in Wisconsin to use a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual.
This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor. Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent shall be necessary to prove that intent.
This is a Class C felony.
It is illegal in Wisconsin for a person, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, if any of the following applies:
The person knows or reasonably should know that the child has not
attained
the age of 18 years.
The person has face-to-face contact with the child before or during the sale,
rental, exhibit, playing, distribution, or loan.
This is a Class I Felony.
It is illegal in Wisconsin for a person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, if any of the following applies:
The person knows or reasonably should know that the child has not
attained the age of 18 years.
The person has face-to-face contact with the child before or during the
communication.
This is a Class I Felony.
It is illegal in Wisconsin for a person, with knowledge of the character and content of the material, to possess harmful material with the intent to sell, rent, exhibit, play, distribute, or loan the material to a child if any of the following applies:
1. The person knows or reasonably should know that the child has
not attained the age of 18 years.
2. The person has face-to-face contact with the child.
Affirmative Defense. It is an affirmative defense if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
"Harmful description or narrative account" means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.
"Harmful material" means:
1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or
2. Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
"Harmful to children" means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:
1. Predominantly appeals to the prurient, shameful or morbid interest
of children;
2. Is patently offensive to prevailing standards in the adult community as
a whole with respect to what is suitable for children; and
3. Lacks serious literary, artistic, political, scientific or educational value
for children, when taken as a whole.
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
"Person" means any individual, partnership, firm, association, corporation or other legal entity.
"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
If a person has knowledge of the character and content of sexually explicit conduct involving a child, the following conduct is illegal in Wisconsin.
Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.
Records or displays in any way a child engaged in sexually explicit conduct.
(c) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed above violates Wisconsin Law.
It is an affirmative defense to prosecution if the defendant had reasonable cause to believe that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
If the actor is 18 or over, this is a Class C felony.
If the actor is under 18, this is a Class F felony.
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