Second Degree Sexual Assault Lawyer in Wisconsin
Charged with second degree sexual assault under Wis. Stat. § 940.225(2)? Second degree sexual assault is a serious felony offense in Wisconsin. Contact us to schedule a free, confidential consultation.
What the Law Says About Second Degree Sexual Assault in Wisconsin
Under Wis. Stat. § 940.225(2), second degree sexual assault involves sexual contact or sexual intercourse that is alleged to be criminal based on specific statutory circumstances rather than the most extreme aggravating factors reserved for first degree charges. The statute encompasses multiple charging theories, including allegations involving the use or threat of force or violence, injury or mental anguish, incapacity to consent, unconsciousness, or situations where consent is not legally recognized due to a defined relationship of authority or custody.
Although all second degree sexual assault charges are classified as Class C felonies, the legal requirements vary significantly depending on the subsection alleged. Some cases require proof that the alleged conduct occurred without consent and through force or violence, while others focus on whether the complainant was legally incapable of consenting or whether the defendant occupied a position that negates consent as a matter of law. Each theory carries distinct elements that the State must prove beyond a reasonable doubt, and the specific subsection charged often shapes how the case is investigated, litigated, and sentenced.
Our firm represents individuals charged with second degree sexual assault throughout Wisconsin, with a focus on identifying the precise statutory theory alleged and rigorously testing whether the State’s evidence satisfies that framework. Careful attention to the charging subsection is critical in these cases, as it determines what the State must prove and where meaningful defenses may exist.
What the State Must Prove to Convict on Second Degree Sexual Assault in Wisconsin
To convict a person of second degree sexual assault under Wis. Stat. § 940.225(2), the State must prove each required element beyond a reasonable doubt. The specific elements depend on the statutory subsection under which the charge is brought. When the allegation is based on force or violence, the elements are set forth in Wisconsin Jury Instruction – Criminal 1208.
The State must prove the following:
- Sexual Contact or Sexual Intercourse: The defendant had sexual contact or sexual intercourse with the alleged victim.
- Lack of Consent: The alleged victim did not consent to the sexual contact or sexual intercourse. Consent means a freely given agreement shown by words or overt actions, and physical resistance is not required.
- Use or Threat of Force or Violence: The sexual contact or intercourse occurred by use or threat of force or violence, which may occur before or as part of the alleged conduct.
Other second degree sexual assault charges proceed under different subsections of § 940.225(2), including allegations involving injury or mental anguish, incapacity to consent, unconsciousness, or certain authority or custodial relationships where consent is not legally recognized. Each theory carries its own distinct elements, and the State must prove every required element of the specific subsection charged beyond a reasonable doubt.
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Penalties and Sentencing for Second Degree Sexual Assault in Wisconsin
Second degree sexual assault under Wis. Stat. § 940.225(2) is classified as a Class C felony in Wisconsin. A conviction carries severe criminal and collateral consequences, including:
- Up to 40 years in prison
- Up to $100,000 fine plus court costs
- Mandatory sex offender registration
- Long-term consequences affecting housing, employment, professional licensing, and supervision conditions
In addition to imprisonment and registration requirements, a conviction for second degree sexual assault may also expose a defendant to lifetime supervision under Wisconsin law, depending on statutory notice and sentencing findings.
Sentencing outcomes in second degree sexual assault cases often depend on the specific statutory theory underlying the charge. Courts routinely distinguish between force-based or injury-related allegations and cases premised on incapacity, unconsciousness, or prohibited authority or custodial relationships, where consent may not be legally recognized. In practice, sentencing analysis centers on the nature of the alleged conduct, the degree of coercion or exploitation involved, and how the facts fit within the statutory framework defining the offense, rather than treating all second degree sexual assault cases as equally serious.
Common Scenarios Leading to Second Degree Sexual Assault Charges
Second degree sexual assault charges often arise from how the alleged conduct is categorized under the statute, rather than from a single uniform fact pattern. These cases frequently involve allegations where the State claims the sexual contact or intercourse was criminal based on force, incapacity, unconsciousness, or a legally prohibited relationship, rather than on extreme physical injury or weapon use.
Common scenarios include:
- Allegations involving force or coercion that do not rise to the level of great bodily harm or weapon-based first degree charges
- Claims of incapacity to consent, including allegations involving intoxication, mental illness, or cognitive impairment
- Unconsciousness-based allegations, where the State asserts the complainant could not give consent at the time of the alleged conduct
- Authority or custodial relationship cases, such as allegations involving probation or parole supervision, correctional settings, law enforcement detention, or institutional care
- Situations involving known parties, including intimate partners, acquaintances, or individuals in ongoing professional or supervisory relationships
- Investigations driven by statements and surrounding circumstances, rather than contemporaneous physical evidence
Defenses and Legal Strategies for Second Degree Sexual Assault Charges
Second degree sexual assault cases are often driven by how the State frames the alleged conduct under a particular statutory subsection. Effective defense strategy focuses on testing whether the evidence actually supports the theory alleged and whether the State can meet its burden under that framework. Common defense strategies include:
Because second degree sexual assault encompasses multiple statutory pathways, defense strategy is often shaped by narrowing or challenging the theory under which the case is charged.
Why Hiring a Second Degree Sexual Assault Defense Lawyer Matters
The attorneys at Chirafisi Anderson, S.C. provide disciplined, trial-focused representation for individuals facing second degree sexual assault charges throughout Wisconsin. Each case is approached with careful attention to the statutory theory alleged and the factual record developed during the investigation. The attorneys at Chirafisi Anderson, S.C. provide disciplined, trial-focused advocacy to protect clients’ rights at every stage of the process.
Contact Chirafisi Anderson, S.C.
If you are facing a second degree sexual assault charge in Wisconsin, early legal guidance can play an important role in how the case is investigated, charged, and resolved. Chirafisi Anderson, S.C. represents individuals accused of serious felony offenses and provides careful, trial-focused representation from the outset of the case.