Legal Definitions of Sexual Assault in Wisconsin and Penalties

It is important to understand the legal definition of sexual assault. Sexual assault is any forced or coerced sexual intercourse or contact. It is a crime of violence in which assailants, whether known to the victim or not, are motivated by a desire to humiliate and have power over the victim. There are four degrees of sexual assault.

This information was taken from the Wisconsin State Statutes and is not in its entirety. The statute in full can be found at Wis. State. Sec. 940.225.

First Degree Sexual Assault

Whoever commits the following can be found guilty of a Class B felony, punishable by imprisonment up to 20 years: Sexual intercourse or sexual contact without consent:

Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.

Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.

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.

Second Degree Sexual Assault

Whoever commits the following can be found guilty of a Class BC felony, which includes fines up to $10,000 and imprisonment up to 10 years.

Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

Has 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.
Has 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.

Has 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.

Has 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.

Third Degree Sexual Assault

Whoever commits the following can be found guilty of a Class D felony, which includes fines up to $10,000 and imprisonment up to 5 years.

Sexual contact involving ejaculation or sexual intercourse with a person without the consent of that person.

Fourth Degree Sexual Assault

Whoever commits the following can be found guilty of a Class A Misdemeanor, which includes fines up to $10,000 and imprisonment up to 9 months.

Sexual contact with a person without the consent of that person or sexual intercourse with a person 16-17 years old.

What does it mean to have “consent?”

Consent means 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.

Consent is not an issue in alleged violations of second degree sexual assault. The following persons are presumed incapable of consent:

A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.

A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. If the person assaulted was intoxicated at the time, they are unable to give consent. The perpetrator could be charged with 2nd degree alcohol-facilitated sexual assault.

Sexual Harassment- Wis. State. Sec. 947.013

Sexual harassment is primarily an issue of power, not sex. It occurs when a person with power abuses that power. Sexual harassment may be described as unwelcome advances, requests for sexual favors, verbal abuse, and other physical conduct and expressive behaviors of a sexual nature, which interferes with your employment, academic education or work atmosphere.

Sexual Assault of a Child- Wis. State. Sec. 948.02

It is a crime for any person to have sexual contact or sexual intercourse with anyone under the age of 16 or have sexual intercourse with anyone under the age of 18. The maximum penalty for one convicted of this offense may be a fine of up to $10,000, and 10 to 20 years imprisonment depending upon the age of the victim. Consent of the victim is not an issue for this offense.

Repeated Sexual Assault of a Child- Wis. State. Sec. 948.025

If a person commits 3 or more violations under 948.02 within a specified period of time involving the same child is guilty of a Class A, Class B, or Class C felony, depending on severity.

Sexual Exploitation by a Therapist- Wis. State Sec. 940.22

It is unlawful and criminal for any person who purports to be a therapist to intentionally have sexual contact with a patient or client during an ongoing therapeutic relationship. Such conduct is a crime regardless of whether or not it occurs during any treatment, consultation, interview or examination. Consent of the victim to sexual contact is not an issue. Persons included under the title “therapist” are physicians, psychologists, social workers, nurses, chemical dependency counselors, members of the clergy and all other persons, licensed or not, who perform or purport to perform psychotherapy. The maximum possible penalty for this offense is a fine of up to $10,000 and imprisonment for up to five years.

A Serious Problem

Sexual violence, including any sexual contact without a person’s consent, affects people of all identities, ages, and abilities. Perpetrators can be acquaintances, family members, intimate partners, trusted individuals, or strangers. Sexual violence can have a profound effect on a person’s well-being as well as family, friends, and the community as a whole.

  • According to the Wisconsin Department of Health Services (DHS) fact sheet:
  • About 1.2 million Wisconsin adults have experienced sexual violence in their lifetime.  This includes approximately
    • 1 out of every 3 adult women
    • 1 out of every 5 adult men
  • Approximately 50% of survivors indicated the perpetrator was a current or former intimate partner

The Wisconsin Department of Justice publishes Uniform Crime Reporting (UCR) Sex Offense Data statewide.  

National statistics on sexual assault can also be found:

The Rights of Victims 

Wis. State. Sec. 950 outlines the rights of victims of sexual assault and “ ensures that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants.”

Key provisions are:

  1. 1. Respect and Fair Treatment
    • Right to be treated with dignity, respect and privacy by public officials and the justice system.
    • Right to not have personal identifiers (like email) improperly disclosed.
  2. Information & Participation
    • Right to be informed of your rights and how to exercise them.
    • Right to be notified of court dates, case updates, and major decisions (like dismissal or plea deals) if you request it.
    • Right to attend court proceedings, with reasonable accommodations (e.g., live video if detained).
    • Right to consult with prosecutors and others involved in the case.
  3. Protection & Support
    • Right to reasonable protection from the accused throughout the justice process.
    • Right to intercession services (e.g., help with employer cooperation for court appearances).
    • Right to be accompanied by a service representative in certain settings.
  4. Health & Safety-Related Rights
    • Right to request and receive testing of the offender for communicable diseases, including HIV, where allowed by law (specific to sexual assault and certain other crimes).
    • Right not to be required to take a lie detector test if you reported a sexual assault.
  5. Impact and Outcome Input
    • Right to provide an oral or written victim impact statement about how the crime affected you, for the court to consider during sentencing.
    • Right to information about sentencing, parole eligibility, or other case results upon request.
    • Right to seek restitution (payment for losses as allowed by law).
  6. Speedy Process
    • Right to a reasonably prompt resolution of the case to reduce prolonged stress and uncertainty.
  7. Property Return
    • Right to have personal property returned as soon as it is no longer needed as evidence. 

Keeping Yourself and Others Safe

While there are no guaranteed steps that you can take to prevent rape, there are several things you can do to avoid possible assault.

  • Remember that rapists need opportunity. Don’t give it to them. Normal crime prevention safety tips include locking doors and windows, and checking the back of your car before entering, should be habits no matter how “safe” the area or circumstances.
  • Follow your instincts. Take immediate action if a stranger is acting suspiciously or if a dating situation is getting out of control. Don’t hesitate to seek college staff or police to assist you or escort you.
  • Avoid dangerous situations. The stranger outside your door with a compelling story can wait there while you make that “urgent” phone call for him. When alone, avoid dark and secluded areas and let others know where you are.
  • Don’t appear vulnerable. Walk assertively and purposefully, staying in well lit areas when out alone at night. Restrictive clothing and high-heeled shoes may be fashionable but are useless if the need to run or fight arises.

What Can You Do About Sexual Harassment?

Sexual harassment of or by students to students or employees in their relationships with students, visitors or other employees is entirely inconsistent with NTC’s philosophy of concern for the well-being of others and is strictly prohibited. NTC will:

  • Investigate every complaint of sexual harassment reported
  • Provide remedies when sexual harassment complaints are validated
  • Impose appropriate sanctions on offenders in a case-by-case manner

Contact the Equal Opportunity Officer or your Campus Dean for procedures on resolving your complaint. For more information, see the NTC Equal Opportunity and Employment Policy.

What to Do If You Are Sexually Assaulted

If you are sexually assaulted, it is important that you care for yourself in the manner that is best for you. For some, this means reporting the crime immediately and working to have the assailant brought to justice. Others prefer to seek medical and emotional care without reporting the assault as a crime. Regardless of your preference for self-care, these are three steps that everyone who has been sexually assaulted should follow:

  1. Get prompt medical care prior to showering. Getting medical care and having a Sexual Assault Nurse Examination (SANE) does not mean that you have to report anything, but simply allows you to make your health a priority as well as collect evidence in case you ever want to report the assault and take action down the road.
  2. Remember that the person assaulted is NOT at fault.
  3. Obtain emotional support to help with healing and feeling safe.

Get Medical Care

  1. First, find a safe environment away from the assailant. Then go to a medical center or hospital emergency room to get medical attention, and to be checked for sexually transmitted disease and internal injuries.
  2. Medical attention is confidential.
  3. Most medical centers and hospital emergency rooms have doctors and counselors who have been trained to assist individuals who have been sexually assaulted. In Wausau, both St. Claire’s and Aspirus Hospitals provide Sexual Assault Nurse Examiner Services (SANE) in their emergency rooms.
  4. It's best to seek medical care immediately after a sexual assault. However, if an examination does not occur right away, it is still possible to visit a medical professional to be examined for STDs, pregnancy or injuries.
  5. Medical attention also helps if one decides to press charges, providing evidence needed to prosecute if a criminal case is pursued. Here are a few reasons to seek medical help that can benefit you legally:
    a. Preserve evidence of the attack—don't bathe or brush teeth.
    b. To preserve forensic evidence, ask the hospital to conduct a “rape kit” exam. Even if the rape was not completed, an exam can still be very helpful in gathering evidence.
    c. Those who think they may have been drugged can ask that a urine sample be collected. The sample will be analyzed by a forensic lab.
  6. It is often helpful to have friends and family members along for support when seeking medical care.
  7. The person who has been assaulted should visit their doctor one or two weeks after the assault to review the results of tests taken in the emergency room.

The Person Assaulted is NOT at Fault

  1. Sexual assault is a crime of violence in which the assailant is motivated by a desire to humiliate and achieve power over the person who is assaulted. Ninety-three percent of sexual assaults are committed by someone known to the victim. (Safe Path, 2004)
  2. Sexual assault usually occurs as a deliberate action by the perpetrator. It is not the fault of the person who has been assaulted. No one has the right to have sex against someone's will without their consent.
  3. Most people who are sexually assaulted know the perpetrator. Because of this, the person who has been assaulted may not want to reveal the name of the assailant. Some feel comfortable reporting an incident of sexual assault, others do not. The person assaulted should take the steps they feel will best help them feel safe to heal.
  4. Many assailants will attempt to lay blame and fault the person who was assaulted by saying these or other things: “You asked for it” or “You wanted it.” In fact, how another person acts, what they say or what they wear is never justification for rape.

Obtain Emotional Support

  1. Being sexually assaulted may be emotionally traumatic and have a major impact on a person's life. Proper support, emotional care, and attention can assist in the healing process and prevent later concerns.
  2. Those who have been assaulted often feel a combination of disbelief, fear, confusion, anger, numbness, anxiousness, guilt, shame, and embarrassment. It's not uncommon to want to be alone or to withdraw from friends and family.
  3. Depression during the first year after a rape is reported by about half of all those assaulted. It is important to keep scheduled visits with doctors and report any physical, emotional, or sexual problems.
  4. After an assault, it is frequently hard to sleep, eat, concentrate, in school, or participate in everyday activities. It often seems as if one will never get over the distress of rape. While these effects are perfectly normal, seeking professional support can be very helpful.
  5. Talking with a trained professional in assisting sexual assault victims is the best way to ensure long-lasting healing. Working through the hurt sooner rather than later can help reduce side effects.
  6. Refer to Where to Get Help to see a list of agencies with crisis lines for those who have been sexually assaulted: The National Sexual Assault Hotline operated for free, 24 hours each day can also provide you with support and guidance. The number is 1-800-656-HOPE (4673).

How to Help Someone Who Has Been Assaulted

Faculty and staff who come in contact with a student who has been a victim of sexual assault should be gentle and concerned. Assure the student that for reporting purposes, names of victims are kept confidential.

Be there and listen. Do not be judgmental. Remember - the person assaulted is not at fault.

Do not tell the person assaulted what they "should" do in terms of reporting, seeking help, etc. Ask what they want to do and support them in their decisions.

Be patient. Being assaulted is not only a crime but a severe violation of someone's trust. It will take time to heal and cope. Recovery can be made easier for the person assaulted if they receive constant support by those around them.

Offer to assist in obtaining medical care.

Encourage the person to seek professional help.

For more information, visit the Wisconsin Coalition Against Sexual Assault website.

Reporting Options

On-Campus

In an effort to support individuals who have been assaulted, to comply with statues on collection and reporting of sexual assaults to decrease crime, these procedures are outlined:

You can seek help & support AND make a formal anonymous campus report if you so choose by filling out the Confidential Report Form. If you fear for your immediate safety, contact 911.

You can contact Campus Security at extension 1111 or 715-803-1111.

Making a formal report is NOT necessary in order to receive help. Reporting an incident does not mean you must go through campus judicial proceedings.

A formal campus report of an incident can be extremely helpful for the college in order to alert officials to incidents of violence and help create a safer campus environment.

The individual who is assaulted may request that the NTC CARE team work with other campus staff members to explore alternatives to adjust academic schedules and living arrangements.

NTC personnel are available to initiate contact and arrange a meeting between you and police. A member of NTC Security will accompany you if you prefer.

Off-Campus

NTC encourages students, faculty, staff and guests to report all sexual assaults to the police. You may report the assault to the Police without pressing charges. Even if you do not press charges, filing a report is important as it makes law enforcement aware of criminal activity and helps city police make accurate reports to the public on crime in the area.

File a Report Form to help NTC gain a more accurate picture of violence that is happening both on and around campus.
You are also encouraged to contact any of the off-campus resources listed under Where to Get Help for further support and information. IMPORTANT: If a student or employee discloses that they were sexually assaulted on campus, you are required to contact Campus Security about the situation. You will not be required to disclose any identifying information nor will the person assaulted have to make any report. Contacting Campus Security about such incidents is important for keeping Cleary Act statistics which ultimately help to promote a safer campus.

Where to Get Help

When receiving a report of sexual assault or harassment, NTC will provide written information to students and employees about existing assistance with an/or information about obtaining resources including counseling, health, mental health victim advocacy, legal assistance student financial aid assistance and assistance in notifying appropriate local law enforcement.  
In addition to College resources, a number of agencies offer assistance to victims of sexual assault/abuse and provide workshops on how to protect yourself. These agencies include:

  • Avail, Inc., Antigo: 715.623.5177 (Office), 715.623.5767 (Crisis Line - 24 hrs/day)
  • Children’s Service Society of Wisconsin, Wausau: 715.848.1457
  • Domestic Abuse Crisis Line: 715.842.7323
  • Family Counseling Service of Wausau: 715.842.3346, 715.842.3343
  • Langlade County Department of Social Services, Antigo: 715.627.6500
  • Langlade County Sheriff: 715.623.6411
  • Lutheran Social Services, Wausau: 715.842.3181
  • Marathon County Department of Social Services: 715.261.7500
  • Marathon County Sheriff: 911 (Emergency), 715.261.1200 (Non-emergency)
  • Mid-Wisconsin Psychotherapy, Stevens Point: 715.344.2016
  • Price County Department of Human Services: 715.339.2158
  • Price County Domestic Abuse Advocate: 715.339.4521
  • Price County Sheriff: 715.339.3011
  • Taylor County Domestic Abuse Hotline: 715.748.5140
  • Taylor County Human Services: 715.748.3332
  • Taylor County Sheriff: 715.748.2200
  • Women’s Community, Wausau: 715.842.7323