Our law firm, Nicholson Goetz & Otis, S.C., has an outstanding reputation for defending people facing difficult charges and even more difficult times. We know these are sensitive cases, and we will handle your defense with the discretion and compassion it deserves.
For years, we have fought for the “underdog” – good people caught in bad situations.
In Wisconsin, there is no legal distinction between rape and date rape. Both can be prosecuted under the same crimes: second-degree sexual assault or third-degree sexual assault.
The term “date rape” is often used to describe sexual assault that occurs between two people who are in a romantic or sexual relationship, but it can also occur between any two people who simply know each other.
Again, this often comes down to “he said, she said” testimony, and the details may have been very blurry if you were both impaired by alcohol or drugs. But any details you can remember and corroborate are going to be very important to your defense. To that end, you need to be careful about early statements you give to the police.
Your story may change as you recall more details, but prosecutors could try to use those inconsistencies against you. Please have a defense attorney by your side before answering questions.
A historically common defense tactic in alleged rape cases was to introduce evidence about the complainant’s sexual history – either with other people, with the defendant or both. However, this tactic is all but prohibited under Wisconsin’s rape shield law.
The statute does not allow the introduction of evidence of a complainant’s sexual history because it will likely have a prejudicial effect on the jury.
There are instances in which you might be able to introduce evidence of your own sexual history with the complainant (if there is a history), but several strict criteria must be met. It is important to remember, however, that each sexual encounter must be consensual.
Even if prior encounters were consensual, that alone is not proof of consent in the encounter that resulted in criminal charges.
At Nicholson Goetz & Otis, S.C., we understand that facing a date rape or acquaintance rape accusation can raise many questions. That’s why our Madison-based law firm has put together these FAQs to help you understand the charges you may face, how Wisconsin law applies to situations like that, and how to protect yourself.
Wisconsin law defines consent as “words or overt actions” that indicate a “freely given agreement” to engage in sexual intercourse or contact. This definition carries important limits. It only counts as consent if the person is “competent” to give it. This means a person can’t legally consent if:
Silence or a lack of resistance does not constitute consent, nor does prior consent to sexual activity.
The most important thing you can do after a date rape accusation is to contact an experienced criminal defense attorney before you speak with anyone else. Do not talk to the police, investigators, or even friends or family about the details of the incident. Anything you say could reach prosecutors and hurt your defense. Do not contact the accuser under any circumstances, as this could result in additional charges. A defense lawyer can help you determine your next steps and protect your rights from day one.
Yes, and prosecutors use this type of evidence frequently. Text messages, DMs, dating app conversations, and social media posts can all help the state establish the nature of the relationship between the parties and communications from before and after the alleged incident. This evidence can cut both ways. It may support your account of events, or prosecutors may try to use it against you. Regardless, you should preserve all relevant digital communications immediately and share them with your lawyer. Avoid deleting anything, as courts may view that as destruction of evidence.
Recantations and inconsistencies in an accuser’s account can have significant effects, but they do not automatically result in dropped charges. The state can continue prosecuting a sexual assault case even if the alleged victim recants or refuses to cooperate. Prosecutors may argue that the recantation stemmed from pressure or fear. That said, an inconsistent or changing account can weaken the prosecution’s case considerably, and a Madison defense attorney can use those inconsistencies to challenge the credibility of the allegations at trial. A good lawyer will work to expose every inconsistency in the case against you through thorough cross-examination and investigation.
Yes. A criminal charge and a Title IX proceeding are separate processes with different standards of proof and different potential consequences. A criminal conviction requires proof beyond a reasonable doubt. A Title IX investigation typically requires only a “preponderance of the evidence,” meaning the university only needs to find it more likely than not that a violation occurred. If you’re a student, you need an attorney who understands both processes. Decisions you make in one proceeding may affect the other, so coordinating your defense across both is essential.
A criminal charge involves the state of Wisconsin prosecuting you for an alleged crime, with potential consequences including prison time, fines, and mandatory sex offender registration. A civil lawsuit is a separate legal action that the alleged victim can file against you personally to seek monetary compensation. It’s possible to face both. A criminal acquittal does not prevent someone from filing or winning a civil suit. If you face accusations of date rape anywhere in Wisconsin, you should retain a defense attorney who can address both criminal charges and potential civil exposure from the start.
Our criminal defense attorneys are respected throughout the Madison and Wisconsin legal communities for their trial know-how and passion. We know that date rape case results can be changed by just one person’s testimony.
That is why we will work with a network of experienced investigators and experts to uncover facts, go through those facts with a fine-toothed comb, and present a compelling case to the prosecution, judge and jury.
But don’t take our word for it. Instead, read what our past clients have to say and then contact us for a free 30-minute initial consultation by calling 608-237-6854 or sending us an email.
