The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Wisconsin, the criminal offense of sexual assault is defined under the state's statutes, specifically in Chapter 940 of the Wisconsin Statutes. The law categorizes sexual assault into different degrees, with first-degree sexual assault involving sexual contact or sexual intercourse with another person without consent and by use of force or threat of force. This is considered a Class B felony. Second, third, and fourth-degree sexual assault involve varying circumstances and levels of consent, with penalties ranging from misdemeanors to felonies. Wisconsin law also recognizes related offenses such as sexual battery and forcible touching under different terminologies, such as 'sexual contact' and 'sexual intercourse' without consent, which are encompassed within the degrees of sexual assault. It is important for individuals to understand that consent is a key element in these offenses, and lack of consent can result from various factors including the victim's age, mental incapacity, or intoxication. An attorney specializing in criminal law can provide more detailed information about these offenses and their legal implications in Wisconsin.