Sexual Assault Lawyer & Rape Defense Attorney

As an experienced Madison sexual assault lawyer with over 10 years of practice, I have dedicated my career to providing vigorous legal representation for individuals accused of sexual assault, rape, or other serious criminal charges in Wisconsin.

If you or a loved one is facing a sexual assault or rape charge in Wisconsin, please call me for a FREE CONSULTATION. I represent clients on a fixed-fee basis, meaning that there are no hidden charges, and there is no additional cost if your case goes to trial. I also accept credit card payments for your convenience.

As your sexual assault defense attorney, I am committed to thoroughly evaluating the evidence, developing a compelling defense strategy, negotiating with the prosecution, and providing tenacious representation in court to protect your rights and fight for the best possible outcome. Contact Avena Law Office today to schedule your free consultation and learn more about how I can help you!

In the interim, this article explains the intricacies of Wisconsin’s sexual assault laws, discusses the penalties associated with each degree of sexual assault, and outlines how I can assist those facing sex crimes charges in our state.

Affordable Rates – Fluent in Spanish – Credit Cards Accepted

What Is Considered Sexual Assault in Wisconsin?

In Wisconsin, sexual assault, including rape, is defined as nonconsensual sex with another person—either without their permission or through force or the threat of force. Consent is a central issue in determining whether an act constitutes sexual assault. Consent must be freely given, informed, and unequivocal, and it can be revoked at any time.

Sexual assault can also occur if the victim is unconscious, asleep, or incapacitated, preventing them from giving informed consent. Incapacitation may be caused by alcohol, drugs, physical or mental disabilities, or any condition that impedes the victim’s ability to provide consent.

What Are The Penalties for Sexual Assault in Wisconsin?

The severity of the penalties for sexual assault in Wisconsin depends on the degree of the crime. The state recognizes four degrees of sexual assault, each with specific penalties:

  • 1st-degree sexual assault: This is the most severe form of sexual assault, typically involving force, the threat of force, or the sexual assault of a child. If convicted, the accused may face up to 60 years in prison.
  • 2nd-degree sexual assault: This charge involves sexual contact without consent, causing injury, illness, or disease, or involving a weapon or threat of force. Convictions can lead to up to 40 years in prison and/or fines up to $100,000.
  • 3rd-degree sexual assault: This offense involves nonconsensual sexual intercourse or contact where the victim is incapable of giving consent. If convicted, the accused may face up to 10 years in prison and/or fines up to $25,000.
  • 4th-degree sexual assault: The least severe form, involving nonconsensual sexual contact that does not result in injury. A conviction may lead to up to 9 months in jail and/or fines up to $10,000.

How Can an Experienced Sexual Assault Defense Attorney Help With My Rape or Sexual Assault Case?

If you’ve been charged with sexual assault or rape in Wisconsin, you need an experienced lawyer who knows how to defend against these serious charges. As a seasoned Madison sex crime defense attorney, I can provide invaluable guidance and representation throughout the legal process, including:

  • Evaluating the evidence: I will thoroughly analyze the evidence against you, looking for inconsistencies, weaknesses, and opportunities to challenge the prosecution’s case. This includes reviewing witness statements, physical evidence, and expert testimony to uncover flaws.
  • Developing a strong defense strategy: Based on the facts of your case, I may be able to develop a defense strategy based on consent, mistaken identity, or other factors that can cast doubt on the allegations. A personalized defense strategy is crucial for protecting your rights and increasing your chances of a favorable outcome.
  • Negotiating with the prosecution: If the evidence against you is strong, I can negotiate with the prosecution for a reduced charge or lesser penalties. My goal is always to achieve the best possible result for you, whether that means securing a plea deal or dismissal of charges.
  • Representing you in court: If your case goes to trial, I will provide aggressive representation, ensuring your rights are protected. I know how to present compelling arguments, cross-examine witnesses, and challenge the prosecution’s case effectively in court.
  • Guiding you through the legal process: The legal process can be overwhelming, especially when facing such serious charges. I will be with you every step of the way, explaining each stage of the process, answering your questions, and providing the support you need.
  • Protecting your reputation and future: A conviction can have devastating consequences, from damage to your reputation to lost career opportunities. I work diligently to protect your future and ensure that a false accusation does not ruin your life.

What Defenses May Apply in Wisconsin Sexual Assault Matters?

When facing allegations of sexual assault, it’s crucial to understand the defenses that might apply to your case. Common defense strategies in sexual assault cases include:

  • Alibi: An alibi defense argues that you were at a different location when the alleged crime occurred, making it impossible for you to have committed the assault. This may be supported by receipts, travel documents, or witness testimony.
  • Misidentification: In some cases, the victim may have mistakenly identified you as the perpetrator. We may challenge eyewitness testimony by demonstrating inconsistencies or flaws in the identification process, such as biased police lineups or faulty photo arrays.
  • Consent: In cases where sexual contact occurred but the defendant asserts that consent was given, proving consent can be a valid defense. However, consent must be proven beyond doubt, and in some cases (e.g., where the victim is a minor or incapacitated), consent is legally impossible.
  • Insanity or Mental Incapacity: If the defendant was suffering from a mental disorder that prevented them from understanding the nature of their actions, an insanity defense may apply. This strategy often requires expert testimony and medical evidence.

Schedule a Consultation with Experienced Madison Sexual Assault Defense Lawyer Glenn Avena

As an experienced Madison sexual assault defense lawyer with over 10 years of practice, I work closely with my clients to develop the most appropriate defense strategy based on their unique circumstances. If you or someone you know is facing sexual assault charges in Wisconsin, don’t wait—contact my office today for a consultation. Together, we can navigate the complexities of Wisconsin’s sexual assault laws and work toward securing the best possible outcome.

Contact Avena Law Office now to schedule a free consultation. I am here to help you protect your future.