Wisconsin Child Sexual Assault Laws

First degree sexual assault: Whoever has sexual contact or sexual intercourse with a person who has not attained the age of thirteen (13) years is guilty of a Class B felony.

Second degree sexual assault: Whoever has sexual contact or sexual intercourse with a person who has not attained the age of sixteen (16) years is guilty of a Class C felony.

Sexual intercourse with a child age 16 or older: (Wis. Stat. sec. 948.09): Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of sixteen (16) years is guilty of a Class A misdemeanor.

Consent: Words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact.
• Some victims are presumed incapable of giving consent.
• Case law clarifies that non-resistance is not consent. In other words, the failure to physically resist an assailant does not mean that the victim consented to the act.
• Consent may be withdrawn at any time.
• Consent may be given to some sexual activity but not other sexual activity.

Sexual intercourse: Includes vulvar penetration as well as well as cunnilingus, fellatio, or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction. The emission of semen is not required. Wis. Stat. sec. 940.225 (5) (c).

Sexual contact: Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant’s or defendant’s intimate parts if that intentional touching is either for the purpose of sexually degrading; or gratifying the defendant or if the touching contains the element of actual or attempted battery. Also includes the intentional ejaculation or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the complainant.

Important note: Child sexual assault laws in Wisconsin don’t include consent as an element of the crime. Most child sexual assault laws simply state that if a particular act occurred and the victim was under a particular age, the elements of the crime have been met.
In Wisconsin, mistake or ignorance as to the victim’s age isn’t a defense to prosecution. Therefore, even if a child lies about her or his age, the defendant may be charged with sexual assault of a child. For more information, please call Advocates of Ozaukee at

Teen Sexual Assault Statistics

Sexual violence is an act which breaks a person’s trust and/or safety and is sexual in nature. It is NEVER the victim’s fault no matter what she/he was wearing, whether he/she fought back, or whether he/she was drinking. The perpetrators are 100% responsible for their actions.

Adolescent women are at a higher risk for sexual violence than any other age group. Part of the reason for this is the large number of date rapes that occur at this age group. This is coupled with the fact that many adolescents are victims of sexual abuse and incest as well.

Here are the Facts:

• Approximately, 1.8 million adolescents in the United States have been victims of sexual assault.
• Females comprised 82% of all juvenile victims.
• 7 out of 10 rape or sexual assault victims knew their attackers.
• 69% of the teen sexual assaults reported to law enforcement occurred in the residence of the victim, the offender, or the residence of another individual.
• In 1999, only 28.3% of total rapes were reported to police.
• 23% of all sexual offenders were under the age of 18.
• 42% of girls younger than 15 years reported that their first intercourse was nonconsensual.

Closer to Home:
• In 1998, juveniles accounted for 77% of sexual assault victims in the state of Wisconsin. The majority (83%) of these victims were female.
• In Wisconsin, the average age of a sexual assault victim was 15; while the average age of a sexual assault offender was 25.
• In Wisconsin, 22% of all sexual assault offenses were statutory rape.
• In statutory rape cases, the average age of the victim was 14, and the average offender age was 19 in the state of Wisconsin.
• Statutory rape offenders were arrested in 69% of the cases.

For more information on sexual assault, please call Advocates of Ozaukee at

www.advocates-oz.org/youth or www.advocates-oz.org