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.
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.
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