Third Degree Sexual Assault Lawyer in Wisconsin
Charged with third degree sexual assault under Wis. Stat. § 940.225(3)? These cases often turn on consent and highly fact-specific circumstances. Early legal guidance is critical to protecting your rights and evaluating the State’s evidence. Contact us today to schedule a free, confidential consultation.
What the Law Says About Third Degree Sexual Assault in Wisconsin
Under Wis. Stat. § 940.225(3), third degree sexual assault is committed when a person engages in sexual intercourse, or certain statutorily defined forms of sexual contact, with another person without that person’s consent. Unlike first and second degree sexual assault, third degree sexual assault does not require allegations of force, injury, incapacity, unconsciousness, or a prohibited relationship of authority. The statute is narrowly focused on whether the sexual conduct occurred without a freely given agreement.
Wisconsin law recognizes two distinct charging theories for third degree sexual assault. Under § 940.225(3)(a), the charge is based on sexual intercourse without consent. Under § 940.225(3)(b), the charge is based on specific forms of sexual contact defined by statute, also without consent. While both theories are classified as Class G felonies, each carries its own legal framework and must be evaluated based on the precise conduct alleged and the statutory definitions that apply.
Our firm represents individuals charged with third degree sexual assault throughout Wisconsin, with careful attention to how consent is defined, how the alleged conduct is categorized under the statute, and whether the evidence actually satisfies the elements required for conviction. Because third degree sexual assault cases often turn on nuanced factual disputes rather than aggravating circumstances, close examination of the statutory theory alleged is critical to mounting an effective defense.
What the State Must Prove to Convict on Third Degree Sexual Assault in Wisconsin
To convict a person of third degree sexual assault under Wis. Stat. § 940.225(3)(a), the State must prove each required element beyond a reasonable doubt. When the charge is based on sexual intercourse without consent, the elements are set forth in Wisconsin Jury Instruction – Criminal 1218A.
In cases alleging sexual intercourse without consent, the State must establish:
- Sexual Intercourse: The defendant had sexual intercourse with the alleged victim. “Sexual intercourse” means any intrusion, however slight, of any part of a person’s body or any object into the genital or anal opening of another. Emission of semen is not required.
- Lack of Consent: The alleged victim did not consent to the sexual intercourse. Consent means a freely given agreement shown by words or overt actions. Physical resistance is not required, and the determination of consent is made by considering what the alleged victim said and did, along with all surrounding circumstances.
Third degree sexual assault may also be charged under Wis. Stat. § 940.225(3)(b) based on specific forms of sexual contact defined by statute. While the classification is the same, the elements and definitions differ depending on the charging theory, and the State must prove every element of the specific subsection alleged beyond a reasonable doubt.
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Penalties and Sentencing for Third Degree Sexual Assault in Wisconsin
Third degree sexual assault under Wis. Stat. § 940.225(3) is classified as a Class G felony under Wisconsin law. A conviction may result in:
- Up to 10 years in prison
- Up to $25,000 in fines, plus court costs and surcharges
- Mandatory sex offender registration
- Supervision conditions that may include treatment, restrictions on contact, and limitations on housing or employment
Depending on the statutory subsection charged and the findings made at trial or sentencing, certain third degree sexual assault convictions may also qualify as serious sex offenses for purposes of lifetime supervision under Wisconsin law.
Sentencing outcomes in third degree sexual assault cases are driven by the specific facts alleged and the statutory theory under which the charge is brought. Courts focus on the nature of the conduct, how consent is evaluated under the applicable subsection, and the surrounding circumstances that define the offense, rather than treating all third degree charges as functionally equivalent.
Third degree sexual assault encompasses multiple statutory pathways, each with distinct legal and sentencing implications. Early legal analysis is therefore essential to assessing sentencing exposure, evaluating how the State has framed the charge, and determining whether the evidence actually satisfies the elements required for conviction.
Common Scenarios Leading to Third Degree Sexual Assault Charges
Third degree sexual assault charges most often arise from disputes about consent, rather than allegations involving force, injury, incapacity, or authority-based relationships. These cases are frequently fact-intensive and depend heavily on how the State interprets communications, conduct, and surrounding circumstances.
- Allegations involving consensual sexual activity where consent is later disputed
- Situations involving acquaintances, dating partners, or former partners
- Encounters following social settings, including parties or gatherings, where alcohol is alleged to have been involved but incapacity is not charged
- Conflicting accounts of verbal or non-verbal communication before or during the encounter
- Allegations arising after relationship disputes, breakups, or interpersonal conflicts
- Cases built primarily on statements rather than physical or forensic evidence
- Delayed reporting, where consent and intent must be evaluated retrospectively
- Investigations relying on texts, messages, or digital communications to infer agreement or lack of consent
Because third degree sexual assault cases often turn on credibility and context rather than objective evidence, careful examination of timelines, communications, and surrounding circumstances is critical.
Defenses and Legal Strategies for Third Degree Sexual Assault Charges
Third degree sexual assault cases are narrowly focused on whether the State can prove the absence of consent beyond a reasonable doubt. Because the statute does not require force, injury, incapacity, or authority-based allegations, effective defense strategy centers on credibility, context, and the evidence used to infer consent or lack of consent.
Common defense strategies include:
Because third degree sexual assault prosecutions often turn on interpretation rather than objective proof, careful scrutiny of how consent is inferred is essential to an effective defense.
Why Hiring a Third Degree Sexual Assault Defense Lawyer Matters
Third degree sexual assault charges often hinge on how consent is interpreted from words, actions, and surrounding circumstances. These cases are typically driven by credibility assessments, selective timelines, and inferences drawn from communications rather than physical evidence. Early assumptions made by investigators or prosecutors can quickly harden into formal charges, making prompt, disciplined legal analysis essential to protecting your rights and limiting long-term consequences.
At Chirafisi Anderson, S.C., our attorneys bring focused criminal defense experience to third degree sexual assault cases, including:
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If you are facing a third degree sexual assault charge in Wisconsin, early legal guidance can significantly affect how the case is investigated, charged, and resolved. Contact Chirafisi Anderson, S.C. today to schedule a free, confidential consultation with an experienced criminal defense attorney.