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Preparing Clients for the Criminal Justice System
Sex crimes carry some of the most serious penalties of all criminal charges, and even the accusation of a sex crime can cause damage to your reputation and be challenging to navigate. If you’ve been charged with sex offenses, it’s vital that you work with a criminal defense firm that has experience with these types of charges, as they require a strong defense and knowledgeable team.
Navigating the criminal justice system can be difficult at any time, but it’s even more challenging when you’re dealing with crimes that carry a high stigma or life-changing penalties. Call West & Dunn to schedule an appointment with an experienced criminal defense lawyer who can help you prepare to fight back against these serious allegations.
What Constitutes a Sex Crime in Wisconsin?
Sex crimes are not limited to unwanted sexual intercourse in Wisconsin. There are several types of charges, and you can be charged with a sex crime for sexual contact that does not include intercourse. Some of the sex crimes in Wisconsin include:
- Sexual assault of an adult or child
- Underage sexual contact
- Forced viewing of or listening to sexual activity
- Incest
- Child enticement
- Public exposure
- Possession, manufacture, or distribution of child pornography
- Prostitution
- Sexual exploitation
The type of offense you are charged with determines the potential penalties and your defense strategy.
How Does Wisconsin Handle Consent in Sexual Assault Cases?
In general, a person must not be mentally disabled, unconscious, sleeping, or “under the influence of intoxicants to a degree which renders the person incapable of appraising his or her conduct.” This is important because it means that you may not be able to rely on the fact that someone agreed to have sex with you as them consenting. If you had knowledge that the person was drinking to the point of passing out, under the influence of drugs, or was otherwise unable to legally consent, you could face sexual assault charges.
Consent is also based on age. In Wisconsin, the age of consent is 18, which means that someone under the age of 18 is legally not able to consent to sexual contact. Sexual assault of a minor is generally a felony, but in some cases, it can be a misdemeanor if the minor is between the ages of 16 and 18.
It’s important to understand how consent can impact your case. This should be something you discuss early on with your attorney, as it can impact which defense strategy is the right choice.
What Happens If You’re Convicted of a Sex Crime?
If you’re convicted of a sex crime in Wisconsin, you can face imprisonment and fines and may have to register as a sex offender for the rest of your life. How long the potential prison sentence is and how much you could pay in fines depends on the charge. For example, if you are convicted of first-degree sexual assault, this is a Class B felony, which can include a maximum prison sentence of 60 years. However, fourth-degree sexual assault is only a Class A misdemeanor, which carries a potential sentence of a maximum of 9 months in jail and a $10,000 fine.
Beyond the criminal penalties, being convicted of a sex crime can have a major impact on the other areas of your life. It may be more difficult to have romantic relationships because of the stigma attached to these charges, and it can keep you from being eligible to work in certain industries or live close to schools or parks.
Will You Have to Register as a Sex Offender?
Each state has a sex offender registry, and those convicted of certain sex crimes must provide their address, current employer, and any internet identifiers, such as screen names. If the person is volunteering with any organizations or is registered as a student at a school, they must also provide this information.
Whether you will have to register as a sex offender depends on the nature of your charges. For example, those convicted of first-degree sexual assault, sexual exploitation of a child, and possession of child pornography are all registerable offenses. Those convicted of third-degree sexual assault, fourth-degree sexual assault or other lesser crimes may not be required to register. If you have questions about whether you might have to register as a sex offender and what impact that could have on your future, speak to a sex crimes defense lawyer.
Can a Sex Crimes Charge or Conviction Affect Child Custody Proceedings?
It’s possible that being convicted of a sex crime could impact your current custody arrangement or have an impact on a custody battle if you go through a divorce. The family courts are focused on what is best for the children, including ensuring that they are safe, both physically and emotionally. If you have a history of criminal convictions, including sex crimes, the judge may deem that you are a risk to the child’s well-being. This is especially true if the sexual assault allegations involve child sex crimes. This is just one reason why it’s important to work with an experienced criminal defense attorney if you are accused of a sex crime to ensure that you do everything in your power to defend yourself against the charges.
While it can be scary and overwhelming to be facing sex crimes charges, there are options for defense, and you do have rights. Call 608-490-9449 to schedule an appointment with the criminal defense attorneys at West & Dunn to discuss your case. We’re here to help you understand your rights and guide you through the legal system.