Sexual Assault Lawyer & Rape Defense Attorney

As an experienced Madison sexual assault lawyer, I have dedicated my career to providing vigorous legal representation for those accused of sexual assault, rape, or other 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 is no additional charge if a case goes to trial.  I also accept credit card payments.

As a 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 client rights and fight for the best possible outcome. Contact Avena Law Office today to schedule a free consultation to learn more about how I can help you!

In the interim, this article discusses the intricacies of Wisconsin’s sexual assault laws, explain the penalties associated with each degree of sexual assault, and how I can help those charged with sex crimes in our state.

Affordable Rates – Fluent in Spanish – Credit Cards Accepted

What Is Considered Sexual Assault in Wisconsin?

In Wisconsin, rape or sexual assault is defined as nonconsensual sex with another individual without their permission or by force or threat of force. It is crucial to understand that consent is a crucial factor in determining whether a sexual act constitutes assault. Consent must be freely given, informed, and unequivocal, and it can be withdrawn at any time.

Sexual assault can also occur if the victim is unconscious, asleep, or incapacitated, making them unable to give consent. Incapacitation may be due to the use of alcohol or drugs, physical or mental disability, or any other condition that prevents the individual from providing informed 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 its corresponding penalties:

  • 1st-degree sexual assault. This is the most severe form of sexual assault, typically involving the use or threat of force, causing significant bodily harm, or sexual assault of a child. If convicted, the accused may face up to 60 years in prison.
  • 2nd-degree sexual assault. This level of assault involves sexual contact without consent, causing injury, illness, or disease, or involving a weapon or threat of force. If convicted, the accused may face up to 40 years in prison and/or a fine of up to $100,000.
  • 3rd-degree sexual assault. This level of assault involves nonconsensual sexual intercourse or sexual contact without the use of force or threat but with the knowledge that the victim is incapable of giving consent. If convicted, the accused may face up to 10 years in prison and/or a fine of up to $25,000.
  • 4th-degree sexual assault. This is the least severe form of sexual assault, involving nonconsensual sexual contact that does not result in injury, illness, or disease. If convicted, the accused may face up to nine months in jail and/or a fine of up to $10,000.

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

If you have been charged with rape or a sex crime in Wisconsin, you are likely looking for the best sexual assault lawyer for your case. As an experienced 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 may involve examining witness statements, physical evidence, and expert testimony to identify flaws or inaccuracies.
  • Developing a strong defense strategy. Depending on the facts of your case, I may be able to build a defense strategy based on consent, mistaken identity, or other factors that can cast doubt on the prosecution’s allegations. By crafting a robust defense strategy tailored to your unique situation, I can help protect your rights and increase the chances of a favorable outcome.
  • Negotiating with the prosecution. In some cases, it may be possible to negotiate with the prosecution for a reduced charge or lesser penalty. I can assess the strength of your case and advocate on your behalf in negotiations with the prosecution. My goal is to achieve the best possible outcome for your circumstances, which may involve securing a plea deal or dismissal of charges.
  • Representing you in court. If your case goes to trial, you can trust that I will provide zealous representation in the courtroom. As an experienced defense attorney, I know how to present compelling arguments, cross-examine witnesses effectively, and ensure that clients’ rights are upheld throughout the trial process.
  • Guiding you through the legal process. Facing a sexual assault charge can be a daunting and overwhelming experience. I will be by your side every step of the way, explaining the legal process, answering your questions, and providing the support and guidance you need during this challenging time.
  • Protecting your reputation and future. A sexual assault conviction can have severe and long-lasting consequences, including damage to your reputation, career prospects, and personal relationships. By vigorously defending your rights and working to secure the best possible outcome, I can help seek to mitigate the impact of a sexual assault charge on your life.

What Defenses May Apply in Wisconsin Sexual Assault Matters?

When facing allegations of sexual assault, it is crucial to understand the various defense strategies available. Defenses that may be available include alibi, misidentification, consent, and insanity or mental incapacity.

  • Alibi. An alibi defense involves proving that the defendant was at a different location when the alleged crime occurred, making it impossible for them to have committed the assault. To present a credible alibi, defendants need to provide evidence such as hotel receipts, plane tickets, credit card bills, or witness corroborations.
  • Misidentification. In some cases, the defendant may argue that the victim misidentified them as the perpetrator. Defense attorneys can challenge eyewitness accounts by pointing out inconsistencies or improper identification procedures, such as biased police lineups or photobook processes. DNA evidence can also play a crucial role in establishing the defendant’s presence or absence at a crime scene.
  • Consent. In certain sexual assault cases, the defendant may admit to the behavior but argue that the victim’s consent negates the charges. If the defendant can demonstrate that the victim willingly consented to the sexual contact, this can be a viable defense against sexual assault allegations. However, proving consent can be challenging and controversial, as it often requires the defendant to testify and be subjected to cross-examination. In some cases, consent is legally impossible, such as when the victim is a minor, incapacitated, or mentally challenged.
  • Insanity or Mental Incapacity. Defendants may claim that they had a mental disease or defect at the time of the crime, which should remove criminal liability for their actions. Different states apply different forms of the insanity defense, but most states will treat an offender more leniently if their mental disease or defect prevented them from understanding the criminal nature of their actions. If a defendant can demonstrate that they were incapable of fully comprehending their actions during the alleged assault, a mental incapacity defense may be effective.

Schedule A Consultation with Experienced Madison Sexual Assault Defense Lawyer Glenn Avena.

As an experienced Madison sexual assault defense lawyer, I work closely with my clients to determine the most appropriate defense strategy based on their unique situations. If you or someone you know is facing sexual assault charges in Wisconsin, do not hesitate to contact my office for a consultation. Together, we can navigate the complexities of Wisconsin’s sexual assault laws and work towards securing your future.