First Degree Sexual Assault of a Child Lawyer in Wisconsin

Charged with first-degree sexual assault of a child in Wisconsin? This is one of the most serious criminal charges in the state and requires immediate, experienced legal representation. Contact our office today to schedule a free, confidential consultation.

(608) 250-3500

What the Law Says About First-Degree Sexual Assault of a Child

First-degree sexual assault of a child is defined under Wis. Stat. § 948.02(1) and involves allegations of sexual contact or sexual intercourse with a child under specific age thresholds, or conduct involving force, violence, or great bodily harm. Depending on the charging theory alleged by the State, the offense may be classified as a Class A or Class B felony, making it one of the most serious criminal charges under Wisconsin law.

Unlike other sexual assault offenses, first-degree child sexual assault encompasses multiple statutory theories that vary based on the child’s age, the type of alleged conduct, and whether force, threats, or great bodily harm are claimed. These distinctions directly affect sentencing exposure, mandatory minimum confinement, and how the State must present and prove its case to a jury.

Chirafisi Anderson, S.C. represents individuals facing first-degree sexual assault of a child charges by carefully examining how the State has charged the offense and whether it can prove each required element beyond a reasonable doubt. Early analysis of the charging theory, investigative process, and supporting evidence is often critical to identifying weaknesses in the State’s case and developing an effective defense strategy.

Key Points About First-Degree Sexual Assault of a Child

First-degree sexual assault of a child under Wis. Stat. § 948.02(1) may be charged under multiple statutory theories.
The charging theory determines what elements the State must prove and how the case proceeds.
Sentencing exposure varies significantly depending on how the offense is alleged.
The State must prove every required element beyond a reasonable doubt to obtain a conviction.

What the State Must Prove to Convict on First Degree Sexual Assault of a Child in Wisconsin

To convict a person of first-degree sexual assault of a child under Wis. Stat. § 948.02(1), the State must prove each of the following elements beyond a reasonable doubt:

The defendant engaged in sexual contact or sexual intercourse, as alleged
The alleged victim was under the applicable statutory age at the time of the offense
The conduct satisfied the specific first-degree theory charged, such as:
- Causing great bodily harm, or
- Use or threat of force or violence, or
- Sexual contact or intercourse with a child under a designated age threshold
The defendant acted intentionally, as required by law

Each element must be proven unanimously by the jury. Failure to prove any single element requires a not-guilty verdict.

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Penalties and Sentencing Exposure for First-Degree Sexual Assault of a Child

Charging Basis (Wis. Stat. § 948.02(1))	Felony Class	Mandatory Minimum Confinement	Maximum Penalty
Sexual contact or sexual intercourse causing great bodily harm to a child under 13	Class A felony	25 years initial confinement before extended supervision eligibility	Life imprisonment
Sexual intercourse with a child under 12	Class B felony	25 years initial confinement	Up to 60 years
Sexual intercourse with a child under 16 by use or threat of force or violence	Class B felony	25 years initial confinement	Up to 60 years
Sexual contact with a child under 16 by use or threat of force or violence (defendant at least 18)	Class B felony	5 years initial confinement	Up to 60 years
Sexual contact or sexual intercourse with a child under 13	Class B felony	None specified by statute	Up to 60 years

Judicial Sentencing Considerations

Sentencing outcomes in first-degree sexual assault of a child cases are driven by the specific statutory theory charged, the presence of mandatory minimum confinement, and how the court evaluates aggravating and mitigating factors. Courts consider the nature of the alleged conduct, the age of the child, the defendant’s background, and the circumstances surrounding the investigation when determining sentence structure and length. Because mandatory minimums apply to several first-degree theories, early charging decisions and litigation strategy can have an outsized impact on sentencing exposure and case resolution.

Common Scenarios Leading to First-Degree Sexual Assault of a Child Charges

Allegations involving a known adult or older individual, rather than a stranger, often reported by a family member, teacher, counselor, or medical provider.
Investigations initiated through mandatory reporting following a disclosure made outside of law enforcement.
Cases built primarily on statements, with limited or no physical or forensic evidence.
Forensic interviews conducted weeks, months, or years after the alleged conduct.
Allegations involving force, threats, or claimed physical injury, or charges based solely on the child’s age and the nature of the alleged contact.
Charging decisions driven by the specific facts alleged, which determine whether the case proceeds as a Class A or Class B felony.

While the factual circumstances vary, first-degree sexual assault of a child charges are often shaped by how allegations are reported, investigated, and documented rather than by physical evidence alone. Identifying weaknesses in the investigation and inconsistencies in the allegations early in the case is often critical to an effective defense.

Defenses and Legal Strategies for First-Degree Sexual Assault of a Child

First-degree sexual assault of a child cases often turn on whether the State can prove the specific statutory theory charged and whether the evidence reliably supports each required element. These cases demand close scrutiny of how allegations were reported, investigated, and developed, particularly where physical evidence is limited or absent.

Failure to prove the required elements – The State must prove every element of the specific first-degree theory charged beyond a reasonable doubt; failure on any single element requires acquittal.
Credibility and reliability of statements – Many cases rely heavily on statements obtained through disclosures or interviews that may be inconsistent, suggestive, or influenced by outside factors.
Forensic interview challenges – Improper interview techniques, repeated questioning, or leading prompts can undermine the reliability of a child’s statements.
Lack of corroborating evidence – The absence of physical, medical, or forensic evidence can be critical where the State’s case rests primarily on allegations alone.
Charging theory disputes – Whether the alleged conduct satisfies the statutory requirements for first-degree sexual assault, as opposed to a lesser offense, is often a central legal issue.
Suppression and constitutional issues – Statements, searches, or evidence obtained in violation of constitutional protections may be subject to exclusion.

Why Hiring a First-Degree Sexual Assault of a Child Defense Lawyer Matters

Facing a first-degree sexual assault of a child charge places an individual at immediate risk of life-altering consequences, including mandatory confinement and lifetime registration requirements. These cases are aggressively prosecuted and often depend on how evidence is interpreted rather than whether it is uncontested. Early, strategic legal intervention can determine whether a case proceeds under the most severe charging theory or whether critical weaknesses are exposed. Effective representation requires deep familiarity with how these cases are actually investigated, charged, and tried in Wisconsin courts.

Trial-Focused Representation. First-degree child sexual assault cases require attorneys who understand how juries evaluate credibility, forensic interviews, and element-based proof. Every decision – from pretrial motions to trial strategy – must be made with the burden of proof firmly in mind.

Strategic Case Evaluation. Not every allegation supports the most serious charge alleged. Careful analysis of the charging theory, available evidence, and investigative process can reveal whether the State has overcharged the case or failed to meet statutory requirements.

Local Court and Prosecutorial Insight. Outcomes in these cases are often shaped by county-specific practices, charging tendencies, and judicial expectations. Familiarity with local courts and prosecutors plays a critical role in navigating pretrial litigation, negotiations, and trial preparation.

1st Degree Sexual Assault of a Child Case Results

First-Degree Child Sexual Assault – Waupaca County (February 2024)

Result: All Counts Dismissed Before Trial

View Criminal Case Results from the Attorneys at Chirafisi Anderson, S.C.

Talk to a First-Degree Sexual Assault of a Child Defense Lawyer Today

A first-degree sexual assault of a child charge demands immediate and informed legal action. If you are under investigation or have been charged, do not wait to understand your options. Contact our office today to schedule a free, confidential consultation and begin protecting your rights.

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Frequently Asked Questions About First-Degree Sexual Assault of a Child in Wisconsin

No. Many first-degree sexual assault of a child cases proceed without physical or forensic evidence and rely primarily on statements. However, the State must still prove every required element beyond a reasonable doubt.

In some cases, yes. Whether a charge can be reduced depends on the facts alleged, the statutory theory charged, and whether the evidence supports the required elements of first-degree sexual assault.

Mandatory minimum confinement applies to several, but not all, first-degree charging theories. The presence of a mandatory minimum depends on the subsection charged and the defendant’s age at the time of the alleged offense.

As early as possible. Early representation allows for review of charging decisions, preservation of evidence, and identification of potential legal and constitutional issues before the case progresses.