Madison Sex Crimes Lawyers | WI Criminal Defense Attorney

Overcoming A Presumption Of Guilt In Sexual Assault Cases

Criminal cases involving sex crimes are difficult to win. People often assume that a person is guilty — just because he or she has been accused. Worse, the consequences of a conviction can include a 40-year sentence and a lifetime on the sex offender registry. A charge can truly change a life. That is why it’s critical to fight allegations aggressively.

At Nicholson Goetz & Otis, S.C., we have developed a reputation for success in sex crime cases. We are aggressive and experienced in these often sensitive matters, both at the pretrial stage and at trial. We understand how frightening it is just to be accused.

Many Situations May Result In Sexual Assault Allegations

Our Madison, Wisconsin, law firm handles many sex crimes in Wisconsin state courts, from sexual assault to possession of child pornography. We are dedicated to achieving the best possible results for people charged with crimes such as:

Date rape: Clients are often surprised and confused to be charged for what they thought was a consensual act.
Sexual assault of intoxicated or unconscious victims: Issues of consent can become muddled when alcohol or drugs are involved.
Sexual assault of a young adult, teen or child (often called statutory rape): A sexual relationship between anyone 18 or over and anyone under 16 violates the law, even if it was consensual.
Sexual assault with a deadly weapon/forcible rape: These are aggravated charges, often resulting in a first-degree sexual assault charge.
Child molestation: The level of offense depends upon whether threats or force was used.
Lewd and lascivious behavior: This term refers to indecent exposure and, more specifically, sexual acts in public.
Possession or distribution of child pornography: Depending on the situation, purchasing, owning or distributing child pornography is almost always a felony offense that can result in a federal charge.

For more information read our article “I didn’t do it!”: Protecting yourself against false sexual assault accusations.”

It’s a common occurrence: Many people face false allegations of involvement in a sex crime during a divorce. One spouse wants to deny the other child custody and parenting time or gain leverage in property division, so he or she accuses the other. Our law firm handles family law issues as well as issues of criminal defense. We are well-prepared to defend clients who have been accused of child molestation or served with a domestic battery restraining order as well as divorce paperwork

Penalties For Sex Crimes Are Severe In Wisconsin

Wisconsin has four degrees of sexual assault, three of which are felonies that carry likely prison sentences, as well as inclusion on the sex offender registry. They include:

First degree: Any sexual assault resulting in great bodily harm, threats with a deadly weapon, multiple assailants or forcible assault of anyone under 16 is a Class B felony, carrying a sentence of up to 60 years in prison.
Second degree: This broader category includes any sexual contact that results in harm or mental anguish, sexual assault against someone who cannot consent due to intoxication or incompetence, and sexual contact with anyone under 16, but does not include threats or violence. These charges are Class C felonies with a potential sentence of up to 40 years and a potential fine of up to $100,000.
Third degree: This Class G felony includes any other nonconsensual sex, as well as unwanted ejaculation, urination or defecation on another person. Convictions carry up to 10 years in prison and up to $25,000 in fines.
Fourth degree: This is the only misdemeanor charge and can result in up to nine months in jail and up to $10,000 in fines. It includes sexual contact that does not result in intercourse, such as groping. Consensual sex between someone 18 or over and a minor between the ages of 16 and 18 is also a misdemeanor, commonly referred to as statutory rape.

Nearly all of these charges, including the child pornography charges mentioned above, will place you on the state’s sex offender registry if you are convicted. For many charges, once you are on that registry, you are there for life. That means you will have to notify local law enforcement every time you move and reregister regularly. This information is provided to the public via a website. Your criminal record will also reflect your status as a sex offender, affecting your ability to find housing and employment.

Sex Crimes (FAQ)

Below, you’ll find the answers to some of our most frequently asked questions about sex offenses in Wisconsin.

What are some of the most commonly charged sex crimes?

At Nicholson Goetz & Otis, S.C., our criminal defense attorneys frequently represent clients faced with prosecution for sex offenses such as:

Sexual assault
Statutory rape
Possession or distribution of child pornography
Sexual exploitation of a child
Enticement
Lewd and lascivious behavior
Prostitution
Soliciting or patronizing prostitutes
Public fornication or sexual gratification
Sex trafficking

What should I do after an arrest for a sex crime?

There are certain practical steps to take if you’re arrested on suspicion of a sex crime. Protect yourself by:

Invoking your right to remain silent and refraining from answering questions from the police or providing a statement
Requesting to speak to an attorney as soon as possible while in custody
Consulting a sex crimes defense lawyer after your arrest to discuss your case and legal options
Refraining from contacting the alleged victim(s) and witnesses
Following the terms of any restraining orders issued by the court

Will I have to register as a sex offender after a conviction?

In Wisconsin, a conviction for certain sex offenses may come with an obligation to register as a sex offender. “Registerable” sex offenses under state law include:

Sexual assault
Incest
Sexual assault of a child
Bestiality
Sexual exploitation of a child
Trafficking of a child
Child enticement
Use of a computer to facilitate a child sex crime
Possession or distribution of child pornography
Exposing children to harmful material
Sex trafficking

Offenses such as prostitution, solicitation of prostitution, or lewd and lascivious behavior may not result in a sex offender registration obligation. However, a court may order a defendant convicted of another sex offense, which does not carry a mandatory requirement, to register as a sex offender if it determines that the defendant’s conduct had a sexual motivation and registration serves the interests of protecting the public.

Can I face prosecution for a sex crime if the victim consented?

Although consent may serve as a defense to some sex crimes, such as sexual assault, there are others where it will not, such as statutory rape, which criminalizes sexual activity with persons under the age of consent, or prostitution/solicitation, which criminalizes providing or seeking private sexual activity for compensation.

What defenses might I have against a sex crime prosecution?

There are several potential defenses to sex crime charges, although which ones are available to a given defendant will depend on the nature of the alleged offense and the facts in the case. Common defenses used in sex offense cases include:

Consent: Many sexual acts only become crimes if the alleged victim did not consent to take part in them. In a consent defense, a defendant argues that the alleged victim agreed to the accused conduct.
Lack of intent: Some criminal charges, like lewd and lascivious behavior, hinge on a defendant’s knowing decision to commit an act. In a lack-of-intent defense, a defendant argues that the prosecution has failed to prove beyond a reasonable doubt that they acted with the required intent.
Mistaken identity/alibi: A defendant may deny having committed the charged offense by challenging a victim’s or eyewitness’s identification or by presenting alibi evidence to show they were elsewhere when the crime occurred.
Unreliable forensic evidence: When a case involves forensic evidence, such as DNA or fingerprints, a defendant may contest the reliability of the prosecution’s testing to undermine the credibility of the evidence.
Unlawfully obtained evidence or statements: Defendants may seek to exclude evidence or inculpatory statements from the prosecution’s case by arguing that police conducted unlawful searches or interrogations.

Can I expunge a sex crime conviction from my record?

Wisconsin law excludes most sex offenses from eligibility for expungement of criminal records associated with those offenses. Furthermore, even when a person can expunge a sex conviction, an expungement does not relieve them from the collateral consequences of their conviction, including any sex offender registration requirements.

Contact A Dane County Sex Crimes Defense Attorney

Talk with a Madison sex crimes attorney about the charges you face. Call Nicholson Goetz & Otis, S.C., at 608-237-6854 or contact us online for a free 30-minute initial and confidential consultation.

Sex Crimes