Sexual Assault Definitions
Under Section 940.225(5)(b), 939.22(36) the following paraphrased definitions:
Sexual Intercourse - Cunnilingus, fellatio, vulvar penetration or anal sex 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 of another either by the defendant or upon the defendant’s instruction. The emission of semen is not required.
Sexual Contact - Any of the following:
- Intentional touching by the complainant of the defendant, either directly or through clothing by use of any body part or object, of the complainant’s or defendant’s intimate parts if that touching is for the purpose of sexually humiliating the complainant or sexually arousing the defendant or if the touching contains elements of actual or attempted battery under 940(19)(1) (bodily harm to another without consent).
- Intentional penile ejaculation of ejaculate or the intentional emission of urine or feces by a defendant on any part of the body clothed or unclothed of the complainant if that ejaculation or emission is for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
- Sexual intercourse-- Cunnilingus, fellatio, vulvar penetration or anal sex 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 of another either by the defendant or upon the defendant’s instruction. The emission of semen is not required.
*Sexual Assault
Section 940.225 of the Wisconsin Statutes creates four degrees of sexual assault. The degrees are based upon the amount of force used by the assailant and the harm done to the victim. First, second and third degree sexual assaults are felonies; fourth degree sexual assault is a misdemeanor.
First-degree sexual assault includes:
- Sexual intercourse or sexual contact without consent which caused pregnancy or inflicts great bodily harm, or
- Sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon or
- Sexual intercourse or sexual contact without consent while aided by one or more persons.
A person can be imprisoned not more than twenty years for committing first-degree sexual assault.
Second-degree sexual assault includes:
- Sexual intercourse or sexual contact without consent through the use or threat of violence, or
- Sexual intercourse or sexual contact without consent which causes injury, including illness, disease, or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or
- Sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient.
A person can be imprisoned not more than ten years and/or fined not more than $10,000 for committing second-degree sexual assault.
Third degree sexual assault:
- is having sexual intercourse with a person without that person’s consent. The penalty for third degree sexual assault is imprisonment for not more than five years and/or a fine of not more than $10,000.
Fourth degree sexual assault:
- is having sexual contact with a person without that person’s consent. The penalty for fourth degree sexual assault is imprisonment for not more than nine months in the county jail and/or fine of not more that $10.000.