What Is The Age Of Consent In Wisconsin For Sexual Activity?
In Wisconsin, the legal age of consent is 18 years old. The state’s statutory rape law is Wisconsin Statutes 948.02, and it defines the legal age of consent as occurring only when both partners engaging in sexual activity are at least 18 years old. If either partner is under 18 , the older partner may face criminal charges with possible penalties including up to 25 years in jail and steep fines.
Furthermore, the statutory rape law also prohibits sexual activity between minors—defined by the Wisconsin Department of Corrections as those aged 17 or younger—and their teachers. If a teacher is found guilty, they may be subject to up to $100,000 in fines and up to 25 years in jail.
The History Of Age Of Consent Laws
In 1862, with a mere five years after statehood, Wisconsin became the fifth state in the United States to adopt criminal statutes regarding sexual acts with young persons under the age of consent. By the 1880s, most states had adopted statutes on consent in the age range of 10 to 12 years old, with about a dozen states adopting a statute setting the age of consent at 10 years old. In 1858, a significant threshold in the history of statutory rape law was established when the New York Court of Appeals, in deciding the case of Regina v. Pomeroy held that the girl’s consent was "immaterial" as a defense to the charge that the accused committed a crime, because "she was a child under the age of twelve years". One year later, in 1859 in the case of Regina v. McEwan, the same court in New York affirmed that "an act of sexual intercourse with a girl under the age of 10 years constitutes a felony, whether with her consent or not". Following the Pomeroy decision, and the McEwan decision, approximately 27 states adopted legal statutes setting the age of consent for sexual activity with a female to be 10 years of age. By the late 1800s, the states of Illinois, Wisconsin, Pennsylvania, Kentucky, Colorado, and Utah all had their legal sexual offense statutes set at the age of 10. While the law in Wisconsin underwent slight changes over the next 130 years, including slight changes to the legal age of consent, up until 2011, when the age of consent statute was amended as follows: 946.52 Consent of minor is no defense to sexual assault charges. (1) No person who has reached the age of 18 years may be charged with or convicted of sexual assault involving a person who has not attained the age of 18 years, unless one of the following applies: (a) The actor was at least 18 years of age at the time of the offense and the person assaulted was at least 16 years of age at the time of the offense. (b) The person assaulted was at least 18 years of age at the time of the offense and the actor was less than 19 years of age and less than 48 months older than the person assaulted at the time of the offense. (2) This section does not apply to an offense under ss. 940.225 (1), 948.025 or 948.09 (1).
Violating Age Of Consent Laws: The Legal Implications
In the state of Wisconsin, sexual contact and sexual intercourse may be performed if one of the individuals is at least 18 years old. However, if either individual is younger than 18, then the sexual activity is illegal, regardless of their age at the time of the offense. Anyone who is charged with violating these laws should be warned of the severe consequences that could follow.
If you are under the age of 19 and have sex with someone between the ages of 16 and 18, you will not be charged. If you are older than 19 and you have sex with anyone under the age of 18, or if you are under the age of 19 and engage in sexual intercourse with a person under the age of 16 and are deemed to be at least three years older than that minor, you will be prosecuted and charged with a sexual offense. It is important to always seek legal assistance before trial in cases like this, as the consequences can be extensive.
Therefore, anyone who has sex with an individual who is under the legal age of consent in Wisconsin and is not exempt from age of consent laws will be charged with felony sexual assault. Because of the severity of this crime, the charge will be treated as a Class B felony, meaning that the defendant faces hefty fines and major jail time.
First-degree sexual assault is not the only possibility. If a minor engages in sexual activity with an adult who has been previously convicted of sexual assault against a minor, this is a second-degree offense. Again, this is a Class B felony and offenders are subject to heavy fines, as well as up to 25 years in prison.
It is important to understand that this law also applies if the individual is married to the minor, as shown in a 2012 case in which an individual was charged after having sex with his 16-year-old wife who had been married for several months prior. The minor’s family was the ones who pressed charges, but the ruling went through in favor of the minor even though the legal age of consent in Wisconsin states that no individual under the age of 18 can marry without parental consent.
Sexual activity with a minor, in most cases, carries a mandatory minimum of five years in prison. A Class B felony usually carries a sentence of 10 years, although the court can lessen that sentence to reflect the individual’s cooperation. Regardless, it is essential to address the issue as soon as possible to determine potential sentencing options and to ensure that the defendant can obtain the lightest possible penalty.
Exceptions And Close-in-Age Exemptions
In certain situations, however, there are some legal exceptions and close-in-age exemptions that can be taken into account. Under section 948.10, there is an exception available for those who are both legally incompetent to consent, for both serious and aggravated sexual assault. In these circumstances, whether the act was consensual or not becomes moot, as there cannot be consent given by a person who is deemed legally incompetent.
Under section 948.08 , there is also a close-in-age exemption for sexual activity between parties of age 18 years or older with someone who is at least 16 but less than 19 years of age. The sexual contact must not involve force or coercion, or involve a person in a position of authority (think coach and student). This is sometimes referred to as the "Romeo and Juliet" exception, and can be raised as a defense by way of an accompanying ancillary charge.
How Does Wisconsin Compare To Other States?
Comparative Age of Consent: Wisconsin and Other States
While age of consent laws are unique in each state, a comparison of Wisconsin’s statute with those in neighboring states reveals one similarity. Like Wisconsin, the age of consent in neighboring Minnesota is 16. When comparing Wisconsin with Iowa, each state has a similar law regarding sexual contact and coercion. Unlike Wisconsin, however, the law in Iowa only considers those engaging in sexual conduct to be committing a violation when the age difference is more than 4 years. In Illinois, those under the age of 17 may commit statutory rape when the age difference is 5 years, giving the impression that Wisconsin’s laws for sex acts are stricter than those in these neighboring states.
The nearest age of consent to that of Wisconsin is in Michigan, where the age is 16. Very close behind is Iowa and Minnesota, where the age is 17. The average age of consent among the states across the country might be considered 16.9, which means Wisconsin’s law is 0.1 years higher than the average law in other states.
How Age Of Consent Laws Affect Teens
In Wisconsin, as in many other states, the age of consent laws carry significant social and legal implications for teenagers and young adults. These laws are intended to protect minors from sexual exploitation and abuse, but they can also complicate the lives of those who are caught in the middle.
One of the primary social impacts of Wisconsin’s age of consent laws is the pressure it places on teenagers and young adults as they navigate romantic relationships. For those who are legally considered to be in the "age of consent," they may feel a sense of confidence and freedom to explore their sexuality, but they must also be cautious not to engage in relationships with anyone under the age of consent. If they do, they risk criminal charges and a permanent criminal record.
For teenagers and young adults who are under the age of consent, there can be a great deal of pressure to lie about their age or engage in illegal activities out of fear of being prosecuted . Even if they are not the ones who initiate the illegal activity, they are at risk of prosecution simply for being a party to the crime or simply being present while the illegal activity is taking place.
The legal consequences of Wisconsin’s age of consent laws can also be severe for those who are convicted of violating these laws. In addition to criminal charges and potential jail time, those convicted will be required to register as a sex offender with the Wisconsin Department of Corrections, which will follow them for the rest of their lives. This can have a lasting impact on their personal and professional lives, making it incredibly difficult to find employment or housing and facing harassment and discrimination as a result of their status as a convicted sex offender.
In most cases, the consequences of violating Wisconsin’s age of consent laws are severe and last a lifetime. However, there are some defenses that may be available depending on the specific details of the case. The accused must be ready to mount a solid defense and understand the options available to them, so enlisting the help of an experienced criminal defense attorney is vital.