Jonah Patel
Fourth-degree sexual assault in Wisconsin is a Class A misdemeanour, which carries a penalty of up to $10,000 in fines and/or nine months in county jail. The crime is defined as any sexual contact without consent, including unwanted groping or touching of intimate parts. This can be direct or through clothing and includes any part of the accuser's or defendant's body. Fourth-degree sexual assault is the least serious level of sexual assault in Wisconsin, but it can still carry serious, lifelong consequences.
| Characteristics | Values |
|---|---|
| Definition | Any sexual contact without consent |
| Intimate parts | Breast, buttock, anus, groin, scrotum, penis, vagina, pubic mound |
| Touching | Direct or through clothing |
| Touching by | Any body part or object |
| Consent | Words or overt actions indicating a freely given agreement |
| Penalty | Class A misdemeanor, up to $10,000 fine, up to 9 months in county jail, or both |
| Sex offender registry | At the judge's discretion |
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What You'll Learn
Sexual contact without consent
In Wisconsin, fourth-degree sexual assault is categorised as any "sexual contact" without the consent of the other party. This includes any intentional touching of an individual's "intimate parts", such as the breast, buttock, anus, groin, penis, vagina, or pubic mound. The touching may be either direct or through clothing and may be carried out using any body part or object. However, it must be intentional; accidental or incidental touching does not constitute this offence.
Sexual contact, in this context, refers to any deliberate contact that is sexually demeaning in nature or that causes arousal or gratification in the defendant. This can include groping, slapping, or grabbing, as long as it is done without consent. It is important to note that consent is defined as words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact.
Fourth-degree sexual assault is the least serious level of sexual assault in Wisconsin, but it can still carry serious consequences. It is classified as a Class A misdemeanour, which can result in a fine of up to $10,000, up to nine months in county jail, or both. While registration as a sex offender is not mandatory for this offence, it is left to the judge's discretion.
To be convicted of fourth-degree sexual assault in Wisconsin, the government must prove two elements: firstly, that the defendant had sexual contact with the victim, and secondly, that the victim did not consent to the sexual contact. This can include any unwanted groping of a victim's body for arousal, ranging from an "innocent butt slap" over jeans to groping under clothes.
If you have been charged with or accused of fourth-degree sexual assault in Wisconsin, it is important to seek legal representation from an attorney who specialises in criminal defence. The right attorney may be able to help you avoid a jury trial and carefully examine the victim's statement to law enforcement.
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Groping
In Wisconsin, fourth-degree sexual assault is defined as any sexual contact aside from intercourse, where there is no consent present. This includes unwanted groping, which can be defined as any deliberate contact that is sexually demeaning in nature or that causes arousal or gratification in the defendant.
To be convicted of fourth-degree sexual assault, the government must prove that the defendant had sexual contact with the victim and that the victim did not consent to the sexual contact. This means that the touching must be intentional, as accidental or incidental touching is not enough to commit this offense.
Fourth-degree sexual assault is a Class A misdemeanor in Wisconsin, which can result in a potential fine of up to $10,000, up to 9 months in county jail, or both. Additionally, whether someone is placed on the sex offender registry for this offense is at the judge's discretion.
It is important to note that marriage is not a defense against fourth-degree sexual assault. A married person can still withhold consent, and it is up to the jury to decide on witness and victim credibility, intent, and guilt in these cases.
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Intentional touching
In Wisconsin, fourth-degree sexual assault is categorised as any "sexual contact" without the consent of the other party. "Sexual contact" is defined as any intentional touching of an individual's "intimate parts". This includes parts such as the breast, buttock, anus, groin, penis, vagina, or pubic mound. The touching may be direct or through clothing and may be carried out with any body part or object. However, it must be intentional, as accidental or incidental touching does not constitute this offense.
The definition of "consent" is essential in understanding what constitutes fourth-degree sexual assault in Wisconsin. Consent refers to words or overt actions by a person competent to give consent, indicating a freely given agreement to have sexual intercourse or sexual contact. It is important to note that consent is not merely the absence of a "no" or resistance but requires an affirmative indication of willingness.
The intentional touching that constitutes fourth-degree sexual assault can be done for various purposes. It may be for the purpose of sexually degrading or humiliating the complainant, or it may be for the purpose of sexually arousing or gratifying the defendant. This distinction is important because it recognises that sexual assault is not only about physical contact but also about the power dynamic and intent behind the act.
It is worth noting that fourth-degree sexual assault in Wisconsin is a Class A misdemeanour, which carries potential penalties of up to $10,000 in fines, up to nine months in county jail, or both. While it is the least serious level of sexual assault in terms of the harm inflicted, it can still have serious consequences, including the possibility of being placed on the sex offender registry at the judge's discretion.
To summarise, fourth-degree sexual assault in Wisconsin involves intentional touching of intimate parts without consent. This can include a range of behaviours, from groping to slapping, as long as they are done without the consent of the other person. The legal definition of consent and the potential penalties for this offence are crucial aspects to consider in understanding the nature of this crime.
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Intimate parts
In Wisconsin, the crime of fourth-degree sexual assault is defined as any sexual contact without consent. This includes any unwanted groping of a victim's body for arousal, ranging from an "innocent butt slap" over jeans to groping under clothes.
To be convicted of fourth-degree sexual assault, it must be proven that the defendant had sexual contact with the victim and that the victim did not consent. "Sexual contact" is defined as the intentional touching of an individual's "intimate parts". This includes parts such as the breast, buttock, anus, groin, penis, vagina, or pubic mound. The touching may be direct or through clothing and may be done with any body part or object, but it must be intentional. Accidental or incidental touching is not considered sexual assault.
The definition of "intimate parts" is broad and includes various body parts. For example, slapping someone on the buttocks, grabbing a female by the breast, or grabbing a male by the scrotum would all qualify as touching "intimate parts". The key factor is that the touching is done without consent and is intentional.
It is important to note that fourth-degree sexual assault is a serious offence in Wisconsin, despite being the least serious level of sexual assault. It is classified as a Class A misdemeanour, carrying potential penalties of up to $10,000 in fines, up to nine months in county jail, or both. While sex offender registration is not mandatory for fourth-degree sexual assault, it is left to the judge's discretion to decide if it is necessary for public protection.
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Misdemeanour
Fourth-degree sexual assault in Wisconsin is classified as a misdemeanour. This classification of sexual assault involves any non-consensual sexual contact, excluding intercourse. This includes unwanted groping, slapping, and poking, which can be direct or through clothing.
To be convicted of fourth-degree sexual assault, the government must prove two elements. Firstly, that the defendant had sexual contact with the victim. Secondly, that the victim did not consent to the sexual contact. Consent is defined as words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact.
The penalty for fourth-degree sexual assault is a Class A misdemeanour charge, which can result in up to nine months in jail and/or a fine of up to $10,000. While fourth-degree sexual assault is the least serious level of sexual assault, it can still carry serious, lifelong consequences.
It is important to note that fourth-degree sexual assault convictions do not require the defendant to register as a sex offender. However, whether or not someone is placed on the sex offender registry for this offence is ultimately up to the discretion of the judge in the case. The judge will consider whether the underlying conduct was sexually motivated and if registering would be in the interest of public protection.
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Frequently asked questions
4th-degree sexual assault in Wisconsin is defined as any sexual contact without consent. This includes any unwanted groping of a victim's body for arousal, such as an "innocent butt slap" or groping under clothes.
"Sexual contact" is defined as the intentional touching of an individual's "intimate parts". This includes body parts such as the breast, buttock, anus, groin, penis, vagina, or pubic mound. The touching may be direct or through clothing and may be done with any body part or object, but it must be intentional.
4th-degree sexual assault is a Class A misdemeanour in Wisconsin. The penalties include a fine of up to $10,000, up to 9 months in county jail, or both. Being placed on the sex offender registry is at the judge's discretion.
