Incest is defined as a sexual relationship between close blood relatives, and it is considered taboo in most societies. In Wisconsin, incest is considered a criminal offense and is punishable by law. If you or someone you know has been accused of or charged with incest, it is essential to seek the services of an experienced criminal defense attorney to protect your rights and defend your case. In this blog post, we will discuss the legal implications of incest in Wisconsin and the potential consequences for those convicted.
Wisconsin Statute § 944.06—Incest
In Wisconsin, incest occurs when a person marries or engages in sexual activity (as defined by § 948.01) between blood relatives, including parents and children, siblings, aunts and uncles, nieces and nephews, and first cousins. According to Wisconsin law, incest is a Class F felony offense, which is punishably by up to 12.5 years of imprisonment and/or a fine of no more than $25,000.
It is also essential to note that Wisconsin law prohibits marriages between close blood relatives. If you marry your close blood relative in Wisconsin, the marriage will be considered void and will have no legal effect. Violating this law could result in criminal charges being filed against you.
Incest Involving a Minor
Wisconsin law acknowledges the vulnerability of minors and considers sexual contact with a minor as a more severe offense. It is important to note that a person can face more severe consequences and additional charges if the other party alleged to be involved in the incestuous relationship is a minor.
Under Wisconsin law, sexual contact or sexual intercourse with a child under the age of 13 is considered a Class B felony, and the offender could face life imprisonment. Sexual contact with a child between the ages of 13 and 16 is considered a Class C felony, and the penalties can range from fines, imprisonment, or both (see Wisconsin Statute § 948.02).
Elements of Incest Offense
In the state of Wisconsin, all crimes are made up of certain parts, called elements. To prove that a crime has occurred, prosecutors must show that each element is present beyond a reasonable doubt.
Wisconsin Criminal Jury Instruction 1532 outlines the elements of incest. To prove this crime, prosecutors must show that:
- the defendant had sex with the victim,
- the defendant knew the victim was a blood relative, and
- the victim was a close relative (closer than a second cousin) to the defendant.
Discuss Your Case with Our Sex Crime Attorney
Facing incest charges in Wisconsin can be a daunting experience, but Attorney Christopher J. Cherella has the knowledge and resources to help build a strong defense for your case. With more than two decades of legal experience specializing in criminal defense, our team provides clients with an experienced and knowledgeable approach to fighting their charges.
We understand that these types of cases can be sensitive, complex, and difficult to navigate and we will do everything we can to protect your rights, freedom, and future. Our attorney is well-versed in Wisconsin law and can provide you with effective strategies to defend against incest charges.
Get started on your case today by calling (414) 882-8382 to schedule an initial consultation.