Sexual Assault

Section 940.225 of the Wisconsin Statutes contains four degrees of sexual assault based on the amount of force used by the respondent and the harm done to the complainant.

First degree sexual assault

Whoever does any of the following is guilty of a Class B felony:

• Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
• Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.
• Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

A Class B felony can include a sentence of imprisonment up to 60 years.

Second degree sexual assault

Whoever does any of the following is guilty of a Class C felony:

• Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
• Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
• Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of apraising the person's conduct, and the defendant knows of such condition.
• Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
• Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
• Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.
• Is an employee of a facility or program and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
• Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not aply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
• Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. This paragraph does not aply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
• Is a licensee, employee, or nonclient resident of an entity, and has sexual contact or sexual intercourse with a client of the entity.

A Class C felony can include a fine up to $100,000 and/or imprisonment up to 40 years.

Third degree sexual assault

Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub.(5) (b) 2or sub.(5) (b) 3 with a person without the consent of that person is guilty of a Class G felony.

• (5)(b) 2: Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
• (5)(b)3. For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.

A Class G felony can include a fine up to $25,000 and/or imprisonment up to 10 years.

Fourth degree sexual assault

Except as provided in the Third degree Sexual Assault description, whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

A Class A misdemeanor can include a fine up to $10,000 and/or imprisonment up to 9 months.

Consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. The following persons are presumed incapable of consent:

• A person suffering from a mental illness or defect which impairs capacity to apraise personal conduct.

• A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Under 18: WI Statute 948.02, 948.025, 948.09: Sexual contact or intercourse with a person under the age of 16 and sexual intercourse with a person 16-18 years of age with or without consent is against the law in the state of Wisconsin.

All staff and faculty are mandated to report any known incidents of sexual misconduct to the Dean of Students Office.  The reporting form can be found on the Dean of Students website.

The university offers many programs designed to prevent sexual assault and other related offenses. Although these vary from year to year, they are typically offered in classrooms, residence halls, and through student organizations. These programs can be designed to meet the needs of a specific audience. For more information, or to schedule a program, contact Wellness Services at 262-472-1305, or the University Police at 262-472-4660.

If a sexual assault occurs, victims always have the right to report to the University Police or the police department where the crime occurred; university personnel can assist in this notification when requested. Should the victim decide to report, timely reporting and preservation of evidence are important for the proof of a criminal offense. A forensic exam can be done in most hospital emergency departments for no charge.

Health and Counseling Services are available to assist student affected by sexual misconduct and can be contacted at 262-472-1305.

In the event that a student reports they have been sexually assaulted, the university will work with the student in providing interim options, if requested and reasonably available; these options include modification of the student’s academic and living arrangements, a No Contact Directive, assistance with notifying faculty or employers, and resource referrals. Students need to contact the Dean of Students Office (262-472-1533) to request these options.

If the alleged perpetrator of a sexual assault is a student, the victim may file a complaint with the Dean of Students Office requesting an investigation and possible disciplinary action per UWS Chapter 17. Throughout the process, both the complainant and the respondent are entitled to the same oportunities to have others present. In addition, both the complainant and the respondent must be informed of the outcome of any institutional disciplinary proceeding. Sanctions that may be imposed following a finding of sexual assault include a warning, probation, educational assignments, community service, residence hall contract reassignment or cancellation, suspension, or expulsion.

Whether or not a student participates in an investigation, students have the right to be protected from retaliation.  If you experience retaliation in any form, please contact the Dean of Students Office as soon as possible.  More information about the sexual misconduct process can be found on Sexual Misconduct Information Site.

What about Alcohol? In those cases where a student has been a victim of sexual assault and/or violent crime while under the influence of alcohol, the Dean of Students, University Housing, and the UW-Whitewater Police Department will not pursue disciplinary action against the student victim (or witnesses) for their improper use of alcohol (underage drinking).  A student victim who is under the influence of alcohol at the time of a sexual assault is entitled to University and community assistance and is encouraged to seek help.