Age of Consent Questions for wisconsin

Q&A on statutory rape laws, age of consent laws, sexual assault laws for wisconsin. Ask your Question

same age

:: July 29, 2008 20:06

my freind is 16 and so is his girlfreind he is older by 4 months. they had sex and now she is pregnet. her mom wants to charge him with statutory rape can he be charged since he is a minor

If they are both the same age and both under the age of consent, it is not likely that the 16 year old male would face criminal charges, as long as, the sex was consensual. It would be difficult to rule that one gender has more culpability than the other or that one is a victim and the other is not if they are both the same age and both consenting to the act. It is more likely that there would be some type of remedy found in a juvenile court system or family court system for both 16 year olds. Both parents of the 16 year olds would have to be involved, or the court would have to emancipate both minors making them legal adults.

Wisconsin statutory rape laws

:: November 15, 2007 18:01

what are the Wisconsin state penalties for this crime?

The document attachment link toward the bottom of this page is Chapter 948 Crimes Against Children from the Wisconsin Criminal Code. In the index you will find "Definitions" of the terms used in the laws under 948.01 and the sexual offense laws are between 948.015-948.14. These are the most curren updated from the 2006 legislative session. If you have any trouble loading the document, you will also find it at the Wisconsin Legislative website located at this web address http://www.legis.state.wi.us/statutes/Stat0948.pdf

Is oral sex statutory rape?

:: July 07, 2007 09:06

can oral sex be charged as statutory rape the same as actual intercourse?

Yes. In the state of Wisconsin under the legal definitions of terms used in the laws, the definition of "Sexual Intercourse" includes "cunnilingus" which is oral sex.

Wisconsin Criminal Code - Chapter 948 Crimes Against Children 948.01 Definitions:
"Sexual intercourse" means vulvar penetration 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.
948.09 Sexual Intercourse with a child age 16 or older.
Whoever has sexual intercourse with a child who is not the defendants spouse and who has attained the age of 16 years is guilty of a Class A Misdemeanor. This is the

17 year old having sex with a 25year old

:: June 30, 2007 12:32

What can be done if a 17 year old boy is having sex with a 25 year old woman? What rights does a parent have to try and stop this?

It is within your parents rights to file a complaint with police. If they did, the 25 year old may be investigated for possible violation of Wisconsin criminal code under chapter 948 Sex offense laws. If it is found that state laws have been violated, the states prosecutor may press charges. Depending on the situation and if charges were filed, the class of the offense could range from a misdemeanor, to a class H felony. The latter would be true if the the 17 year old is enrolled in a school or school district where the 25 year old is in an occupation or participates in a volunteer position that requires work or direct interaction with children such as school staff, teacher, aid, school district employee, child care, youth counseling, youth organization, coaching children, parks or playground recreation, or school bus driving.

Statutory rape charges on minors?

:: June 25, 2007 17:37

Can a boy at the age of 17 be charged with statutory rape for having sex with a 16 year old girl?

Yes, a minor can be charged with statutory rape and the case can be moved from juvenile to adult court depending on the judges recommendations.

Wisconsin Criminal code; 948.09 Sexual intercourse with a child age 16 or older.
Who ever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor. Maximum sentencing if charged as an adult for a misdemeanor could be probation or incarceration for not less than 6 months and not more than 2 years. Fines may also be imposed.

Wisconsin Statutory rape

:: May 22, 2007 19:37

Is it illegal for a 16 year old to have sex with an 18 year old in the state of wisconsin?

It is Illegal, Yes. The statutory age requirement for consent to have sexual contact, sexually explicit conduct, or sexual intercourse, is 18 years of age in Wisconsin. This means that anyone under the age of 18 can not legally consent to these acts (as defined in the law) thereby making them illegal.

DEFINITIONS
"Sexual contact" is defined in the law as intentional touching either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant: "Sexually explicit conduct" means actual or simulated:(a) Sexual intercourse, meaning vulvar penetration 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 a person or upon the person's instruction. The emission of semen is not required; "Sexual intercourse" means vulvar penetration 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.

Parents not filing charges

:: May 02, 2007 21:17

Lets say I am 17. The person I am seeing is 22. We dont have intercourse, is that legal? Or, if we do choose to have sex, but my parents do not press charges, does he still get in trouble?

Sexual intercourse, sexual conduct and sexual contact with a child under the age of 18 are all violations of the law from misdemeanor to felony offenses in the state of Wisconsin. A parent, can give written consent under oath to a court clerk to grant a marriage license to the minor who is between the ages of 16-18; however, a parent can not permit, or give consent allowing a minor to violate state laws by permitting a minor to have sexual contact, with an adult. A case can be filed, charged and prosecuted against the 22 year old without a parent’s complaint or action if the 22 year old has violated any state laws with the minor. Definitions of terms used in the laws. (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years. (5) "Sexual contact" means any of the following:(a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant: 1. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts. 2. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person. (6) "Sexual intercourse" means vulvar penetration 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. 7) "Sexually explicit conduct" means actual or simulated:(a) Sexual intercourse, meaning vulvar penetration 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 a person or upon the person's instruction. The emission of semen is not required;