Sexual Assault – Legal Definitions of Sexual Assault in Wisconsin

This information was taken from Wis. State. Sec. 940.225. The Statute in its entirety can be found at http://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

First Degree Sexual Assault

  1. Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
  2. 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.
  3. 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

  1. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
  2. 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.
  3. 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.
  4. 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.
  5. Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
  6. 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

Sexual intercourse with a person without the consent of that person, or sexual contact as described in 940.225.5(b) 2 or 3.

Fourth Degree Sexual Assault

Sexual contact with a person without the consent of that person.

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.

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.

Dating Violence – Legal Definition of Dating Violence in Wisconsin

This information was taken from the Violence Against Women Act of 1994. The Statute in its entirety can be found here http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap136-subchapIII-sec13925.pdf

Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

The existence of such a relationship shall be determined based on the following factors:

  1. The length of the relationship.
  2. The type of the relationship.
  3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence – Legal Definition of Domestic Violence in Wisconsin

This information was taken from Wis. State. Sec. 968.075. The Statute in its entirety can be found at http://docs.legis.wisconsin.gov/statutes/statutes/968/075

Domestic Abuse means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:

  1. Intentional infliction of physical pain, physical injury or illness.
  2. Intentional impairment of physical condition.
  3. First, Second or Third Degree Sexual Assault.
  4. A physical act that may cause the other person reasonably to fear imminent engagement in the above listed conduct.

Stalking – Legal Definition of Stalking in Wisconsin

This information was taken from Wis. State. Sec. 940.32. The Statute in its entirety can be found at http://docs.legis.wisconsin.gov/statutes/statutes/940/II/32

Stalking means a series of two or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

  1. Maintaining a visual or physical proximity to the victim.
  2. Approaching or confronting the victim.
  3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.
  4. Appearing at the victim’s home or contacting the victim’s neighbors.
  5. Entering property owned, leased, or occupied by the victim.
  6. Contacting the victim by telephone or causing the victim’s telephone or any other person’s telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.
  7. Photographing, videotaping, audio taping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.
  8. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim’s family or household or an employer, coworker, or friend of the victim.
  9. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
  10. Delivering an object to a member of the victim’s family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
  11. Causing a person to engage in any of the above described acts

Whoever meets all of the following criteria is guilty of a Class I felony:

  1. The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household.
  2. The actor knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.
  3. The actor’s acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.