WI Act 90: New Law Changes Sex Assault Procedures and Immunity

Analysis of 2025 Wisconsin Act 90 (Senate Bill 413)

Wisconsin lawmakers recently enacted 2025 Wisconsin Act 90, a law that modifies several statutes involving sexual assault victims, criminal investigations, and reporting protections.

The legislation expands certain immunity protections for victims and those seeking assistance, extends the statute of limitations for prosecuting second-degree sexual assault, increases the length of time sexual assault evidence kits must be preserved, and creates new housing protections for victims of sexual assault.

Taken together, these changes modify several aspects of Wisconsin law governing criminal investigations, reporting protections, forensic evidence retention, and housing rights in cases involving allegations of sexual assault.

Overview of Wisconsin Act 90

2025 Wisconsin Act 90 makes several changes to Wisconsin law affecting:

• Immunity protections for certain criminal offenses
• Prosecution timelines for sexual assault cases
• Preservation of forensic evidence
• Housing protections for victims

Each of these provisions amends a different part of Wisconsin law, including criminal procedure statutes, evidence retention requirements, and landlord-tenant protections.

Expanded Immunity for Victims and Those Seeking Aid

One of the central provisions of Act 90 expands existing immunity protections that apply in situations where individuals seek help for someone who has been the victim of a crime.

Under the new law, immunity provisions now extend to situations involving crimes against a child involving sexual contact or sexually explicit conduct, broadening the types of offenses that qualify for protection under the statute.

Act 90 also creates immunity from prosecution for certain misdemeanor drug-related offenses when the conduct occurs in connection with seeking assistance for a victim of sexual assault.

These offenses include:

• Possession of a controlled substance or controlled substance analog
• Possession of drug paraphernalia
• Possession of a masking agent

The immunity may apply to:

• A victim of sexual assault, or
• A person seeking aid for the victim.

The intent of this provision is to reduce situations in which victims or bystanders might hesitate to contact law enforcement or emergency services due to concerns about facing prosecution for minor drug-related offenses.

Extension of the Statute of Limitations for Second-Degree Sexual Assault

Act 90 also extends the statute of limitations for prosecuting second-degree sexual assault under Wisconsin law.

A statute of limitations establishes the time period within which prosecutors must file criminal charges after an alleged offense occurs. Under the new law, the limitations period for second-degree sexual assault is extended to 15 years after the commission of the offense.

Previously, the applicable limitations period was generally 10 years. The new law therefore increases the time prosecutors have to bring charges in these cases.

Extending the statute of limitations allows prosecutors additional time to bring charges in cases involving allegations of second-degree sexual assault.

Extended Storage Requirements for Sexual Assault Kits

The law also modifies how long the Wisconsin State Crime Laboratories must retain sexual assault evidence kits.

Sexual assault kits contain forensic evidence collected during medical examinations following alleged assaults. These kits may contain biological evidence that can later be used in criminal investigations or prosecutions.

Act 90 increases the amount of time these kits must be preserved by state crime laboratories, helping ensure that evidence remains available if an investigation begins or resumes years after the alleged offense.

Housing Protections for Victims of Sexual Assault

Another provision of Act 90 addresses housing protections for victims.

Under the new law, a tenant may terminate a residential lease if another person engages in, attempts, or threatens conduct that would constitute sexual assault.

This provision allows victims to leave unsafe living situations without being bound by the normal terms of a residential lease agreement.

Key Takeaways from Wisconsin Act 90

2025 Wisconsin Act 90 makes several notable changes to Wisconsin law involving sexual assault victims and related criminal investigations.

The most significant changes include:

• Expanded immunity protections for victims of sexual assault and individuals seeking assistance for them.
• Immunity from prosecution for certain misdemeanor drug offenses, including possession of controlled substances, drug paraphernalia, and masking agents, when connected to seeking aid.
• Extension of the statute of limitations for prosecuting second-degree sexual assault to 15 years.
• Longer retention requirements for sexual assault forensic evidence kits.
• New provisions allowing tenants to terminate residential leases in situations involving conduct that would constitute sexual assault.

Together, these changes modify several legal frameworks governing criminal investigations, reporting protections, and evidence preservation in cases involving allegations of sexual assault.

What This Law Means Going Forward

The changes enacted through Act 90 affect several areas of Wisconsin law, including criminal investigations, reporting protections, and housing rights.

Because the law touches multiple legal frameworks – including criminal procedure, forensic evidence preservation, and landlord-tenant law – its practical impact will likely become clearer as courts and law enforcement agencies begin applying the new provisions.

Future cases may help clarify how the expanded immunity protections are interpreted and how the revised timelines and evidence-retention requirements affect criminal prosecutions involving sexual assault allegations.