Age limit for dating in wisconsin

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By Monica SteinerContributing Author. In Wisconsin, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18even if the sex is consensual. Those who break the law have committed Age limit for dating in wisconsin rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same ageas opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove force or an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Wisconsin and prosecuted as forcible rape. Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement or molestation laws.

For information about rape between spouses, see our article on Marital Rape Laws. Statutory rape is prosecuted under Wisconsin's sexual assault laws. The penalties depend on the age of the parties and the type of sexual contact that occurred, as described below. Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney.

The law is complex and changes regularly. First-degree sexual assault of occurs when there is sexual contact sexual touching, even over clothing, without penetration or intercourse sexual penetration, however slight, with an object or body part between a minor younger than 13 and a defendant of any age. This offense is a class B felonywhich incurs up to 60 years in prison.

Second-degree sexual assault of occurs when there Age limit for dating in wisconsin sexual contact or intercourse between a minor age 13 to 15 and a defendant of any age unless the statute on underage sexual activity applies below.

Repeat acts of first- or second-degree sexual assault of result in increased penalties. These enhanced penalties apply when someone commits three or more violations involving the same. Sexual intercourse with 16 or older occurs when there is sexual intercourse between a minor who is 16 or 17 and a defendant who is 19 or older unless the defendant is the minor's spouse, described below.

Age limit for dating in wisconsin

Underage sexual activity involves the following acts between individuals who are not spouses:. State law requires, in addition to the applicable fines and prison time, that people convicted or adjudicated delinquent of certain sexual crimes, including first- and second-degree sexual assault ofmust register as sex offenders.

Age limit for dating in wisconsin, Wisconsin law includes an exception to the registration requirement for certain underage offenders close in age, as long as the defendant did not use or threaten to use force or violence and the victim was 12 or older. A defendant who was younger than 19 at the time of the offense and no more than four years older than the victim can petition the court to be exempted from the sex offender registration requirements. As a condition of parole, the parole commission may require that a "serious child sex offender" someone who committed specified offenses against under 13 years of age undergo chemical castration.

Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 years old and an adult spouse, even though their ages would prohibit it if they were not married. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.

But if Jen and Tony are married and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen. This is Age limit for dating in wisconsin Wisconsin has a marital exemption to the state's statutory rape laws. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.

Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was and that a reasonable person would have believed her.

But in Wisconsin, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape. Many states have "Romeo and Juliet" exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment. In Wisconsin, there is a Romeo and Juliet exemption for consensual sexual contact between a year-year old and someone younger than 19, or consensual sexual intercourse between a minor who is 15, 16, or 17 and someone younger than However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.

The conduct is still illegal unless the pair is marriedbut someone protected by this exception will face the possibility of smaller fines and reduced jail time. Age limit for dating in wisconsin contact with someone younger than 15, however, is always a felony, and a conviction can result in ificant prison time, fines, or both. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.

Laws can change over time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours.

Age limit for dating in wisconsin

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Issue: search. Wisconsin Statutory Rape Laws. Learn about statutes governing Wisconsin's age of consent, associated criminal charges, available defenses, and penalties for conviction.

Underage sexual activity involves the following acts between individuals who are not spouses: sexual contact between a year-old minor and a defendant younger than 19 years of age, or sexual intercourse between a minor who is 15, 16, or 17 years old and a defendant younger than 19 years of age. Sex Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted or adjudicated delinquent of certain sexual crimes, including first- and second-degree sexual assault ofmust register as sex offenders.

Chemical Castration As a condition of parole, the parole commission may require that a "serious child sex offender" someone who Age limit for dating in wisconsin specified offenses against under 13 years of age undergo chemical castration. Statutory Rape Marital Exception Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 years old and an adult spouse, even though their ages would prohibit it if they were not married.

Defenses to a Statutory Rape Charge Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. The "Romeo and Juliet" Exception Many states have "Romeo and Juliet" exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment.

See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Updated September 5, Talk to a Lawyer Need a lawyer? Start here.

Age limit for dating in wisconsin

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Age limit for dating in wisconsin

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Wisconsin Statutory Rape Laws