The age of consent in Wisconsin is strictly enforced, and many people are unaware of how easily criminal charges can arise from situations that appear consensual. Wisconsin law is designed to protect minors, but it also imposes severe penalties on those accused of violating these statutes. Whether the situation involves a teenage relationship, an online interaction, or a misunderstanding about age, allegations related to statutory sexual assault can carry life altering consequences.
If you are facing accusations involving the age of consent or sexual assault of a minor, having experienced legal representation is critical. The experienced criminal defense lawyers at the Law Offices of Christopher J. Cherella provides aggressive criminal defense for individuals charged with sex crimes in Milwaukee and throughout southeastern Wisconsin.
With more than 30 years of experience, Attorney Christopher J. Cherella can evaluate the facts of your case, explain your legal options, and work to protect your rights and future from the very beginning of the legal process.
Understanding Wisconsin’s Age of Consent Law
The age of consent refers to the minimum age at which a person is legally able to agree to sexual activity. These laws exist to protect minors from exploitation and abuse by older individuals and those in positions of authority.
In Wisconsin, the age of consent is 18 years old.
This means that sexual activity with anyone under 18 can result in criminal charges, even if the minor appeared willing or initiated the relationship. Many people mistakenly assume that close in age relationships are exempt, but Wisconsin law does not provide broad exceptions.
Wisconsin follows a strict liability approach in these cases. A lack of knowledge about the minor’s age is not a defense. Even if the accused reasonably believed the other person was 18 or older, statutory sexual assault charges may still apply.
What Is Statutory Sexual Assault in Wisconsin?
Statutory sexual assault is addressed under Wisconsin Statutes § 948.02(1) and § 948.02(2), which refer to sexual assault of a child. These statutes cover a wide range of conduct involving minors and impose severe penalties upon conviction.
First degree sexual assault of a child typically involves sexual contact or intercourse with a child under the age of 13 and carries the most serious penalties. Second degree sexual assault of a child may involve older minors but still qualifies as a felony offense. Charges can arise in many situations, including teenage relationships, workplace or authority based interactions, and online communications.
Penalties and Consequences
The penalties for statutory sexual assault in Wisconsin can be severe and life changing. Convictions may result in lengthy prison sentences, significant fines, and mandatory lifetime registration as a sex offender. Sentencing often depends on the age of the alleged victim, the age difference between the parties, and the specific nature of the alleged conduct.
Beyond criminal penalties, individuals may face long term consequences such as difficulty finding employment, housing restrictions, damage to personal relationships, and lasting social stigma. Even an allegation can disrupt a person’s life, making early legal representation essential.
Does Wisconsin Have a Romeo and Juliet Law?
Wisconsin does not have a formal Romeo and Juliet law that protects close in age relationships. Unlike states that provide legal exemptions when both parties are minors or close in age, Wisconsin law does not automatically excuse such conduct.
While prosecutors may consider a small age difference when deciding whether to file charges or during sentencing, this discretion does not create a legal defense. Individuals can still face prosecution even when the relationship was consensual and the age gap was minimal.
Common Legal Defenses Against Statutory Sexual Assault Charges
Defending against statutory sexual assault charges requires a careful review of the facts and evidence. Attorney Christopher J. Cherella evaluates each case individually to determine the most effective defense strategy based on the specific circumstances involved.
Potential defense approaches may include:
- Challenging the credibility, reliability, or consistency of witness statements
- Questioning whether the alleged act occurred or whether the prosecution can meet its burden of proof
- Identifying mistaken identity or false accusations
- Examining whether evidence was improperly collected or mishandled
- Contesting police conduct, including unlawful searches, seizures, or interrogation practices
If law enforcement violated constitutional rights during questioning, searches, or arrests, certain evidence may be suppressed or excluded from court. Because every case is different, a tailored legal defense is essential to protecting your rights and building the strongest possible case.
Why You Need a Skilled Milwaukee Criminal Defense Lawyer
Sex crime allegations require immediate legal attention, as the actions taken in the earliest stages of an investigation can significantly affect the outcome of a case. Speaking with police or investigators without an attorney present can unintentionally damage your defense, even if you believe you are cooperating or clearing up a misunderstanding.
An experienced defense attorney can assist from the very beginning by:
- Advising you on what to say and what not to say to investigators
- Preventing unlawful or coercive interrogation tactics
- Preserving evidence that may support your defense
- Identifying weaknesses or inconsistencies in the prosecution’s case
- Communicating with prosecutors on your behalf to protect your interests
Attorney Christopher J. Cherella has more than 30 years of experience defending clients against serious criminal charges, including sex crime allegations. His deep understanding of Wisconsin law and local court procedures allows him to challenge evidence, file strategic motions, and advocate effectively for his clients at every stage of the case.
Get Help Protecting Your Rights Today
If you are under investigation or facing charges related to the age of consent in Wisconsin, do not delay seeking legal help. Contact us today at (414) 347-9334 to discuss your case and learn how your rights can be protected.
