- Wisconsin Age of Consent & Statutory Rape Laws
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By Monica Steiner , Contributing Author. In Wisconsin, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18 , even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult.
Wisconsin Age of Consent & Statutory Rape Laws
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Wisconsin and prosecuted as forcible rape. For information about rape between spouses, see our article on Marital Rape Laws. First degree sexual assault of a child occurs when there is sexual contact sexual touching, even over clothing, without penetration or intercourse sexual penetration, however slight, with an object or body part between a minor who is 12 or younger, and a defendant of any age.
This offense is a class B felony , which incurs up to 60 years in prison. Second degree sexual assault of a child occurs when there is sexual contact between a minor who is 13 or 14 years old and a defendant of any age, or sexual contact between a minor who is 15 years old and a defendant who is 19 or older. Underage sexual activity involves the following, unless the defendant is the minor's spouse described below:. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including statutory rape must register as sex offenders.
Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married.
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Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But in Wisconsin, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape. Many states have "Romeo and Juliet" exceptions to their statutory rape laws, making consensual sexual activity between teenagers close in age either not a crime or a basis for a lighter punishment.
In Wisconsin, there is a Romeo and Juliet exemption for consensual sexual contact between a year-year old and someone younger than 19, or consensual sexual intercourse between a minor who is 15, 16, or 17 and someone younger than In a bill was proposed in the Missouri legislature to raise the age of consent from 17 to It was sponsored by Representative Stanley Cox. In South Carolina in a bill was proposed before the legislature to raise the age of consent from 16 to Prior to Wisconsin had an exception to the law that allowed adults who were guilty of sex with minors 15 or older to use as a defense that the victim understood the nature of the sexual act, but there was a rebuttable presumption in Wisconsin that minors under the age of 18 were not capable of informed consent to sex, but as stated, this could be argued against by the defendant in the court of law if the minor was 15 years of age or older.
In the age of consent was lowered from 18 to 16 in Wisconsin, but at the same time it was made an automatic felony to have sex with anyone under 16, informed consent for a year-old was no longer a defense an adult defendant could use in court. In the age of consent in Wisconsin was raised from 16 to 18, under the new law sex with a minor 16 or older carried the lesser penalty of a Class A Misdemeanor.
A marital exemption was included in the law for an adult who was married to a minor 16 or older, but no close-in-age exception was. In June , the Canadian government proposed a bill to raise the age of consent from 14 to 16 in , it was raised from 12 to 14 , while creating a near-age exemption for sex between to year-olds and partners less than 5 years older, and keeping an existing near-age clause for sex between 12—13 year olds and partners less than 2 years older. The initiative also maintains a temporary exception for already existing marriages of minors 14 and 15 years old to adults, but forbids new marriages like these in the future.
Between and , the Netherlands operated what was in effect an age of consent of 12, subject to qualifications.
In while a reform in the French penal code was under discussion in the parliament, a petition to decriminalize all consented relations between adults and minors below the age of fifteen was sent to Parliament but did not succeed in changing the law. Some pedophiles have called to abolish the age of consent to allow adults to have sex freely with prepubescent children, arguing they can consent. Several organizations in them have been involved with pro-pedophile activism in the past; only a few of these still exist today.
In the United States, many states have adopted close-in-age exemptions.
Age of consent reform
These laws, known as "Romeo and Juliet laws" [51] provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Romeo and Juliet laws were passed in in Connecticut and Indiana. Michigan passed a Romeo and Juliet Law in These reforms have been controversial.
In Texas, Governor Rick Perry vetoed Romeo and Juliet laws that had been passed by the legislature in , [57] but signed one in to go into effect in September of that year. Limon case, Kansas's Romeo and Juliet law was found to be unconstitutional because it excluded same-sex sexual conduct.
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Some countries other than the United States also have Romeo and Juliet laws. Ireland's law has been contested because it treats girls differently from boys. From Wikipedia, the free encyclopedia. Age of consent reform UK.
Wisconsin Statutory Rape Laws
Ages of consent in the United States. Age of consent reform in Canada. Romeo and Juliet laws. Children and Youth in History. Retrieved 3 August Univ of North Carolina Press. Retrieved 5 September Retrieved August 25, The Age of Consent: Young People, Sexuality and Citizenship. The age of consent — Young people, Sexuality and Citizenship. Reuters via Age of Consent. Archived from the original on The Times Of India. The New York Times. Annotated by Stephen Robertson.
Retrieved February 21, The Homosexuality of Men and Women. Translated by Michael Lombardi-Nash. Prometheus Books, ; Killias, Martin.
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Women and Social Movements in the United States, — A History of Queer Activism in Canada. University of Toronto Press. The politics of Intimacy and Identity.
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The Material Construction of Sexualities. Dutch legislation on sex with children]. Retrieved 28 Jan Interviews and Other Writings — Sexual Abuse of Males: