Sexual Assault

Sexual assault charges bring up a lot of questions about how these cases work, what the statutes require, and how the criminal process moves forward. Here are some of the most common questions our defense attorneys receive in Madison, Wisconsin.

Does Wisconsin require sex offender registration after a conviction?

Many sexual assault convictions require registration, sometimes for life. Registration affects where you can live, work, and travel. It also places your information in public databases. Some convictions allow petitions for early termination after a waiting period, while others don’t. Registration requirements depend on the specific charge and your prior record.

What does “lack of consent” mean under Wisconsin law?

Consent requires a voluntary, informed agreement. Consent is not limited to what someone says. It can be established by someone’s actions as well. Wisconsin law recognizes that a person may be incapable of giving consent if they’re unconscious, asleep, intoxicated, drugged, or mentally incapacitated. However, the judge and jury don’t have to take someone else’s word for it – the prosecutors must prove beyond a reasonable doubt that valid consent didn’t exist at the time of the alleged incident.

How does alcohol or drug use affect sexual assault cases?

Intoxication often becomes central to these cases. Prosecutors may argue that a person lacked the capacity to consent due to alcohol or drugs. The state must also show that the accused knew or should have known about that condition. Our Madison defense attorneys will review the evidence, including communications, to find defense options.

What should I do if Madison police contact me about a sexual assault investigation?

You have the right to remain silent and the right to speak with a lawyer before answering questions. Use those rights. You don’t have to explain your side of the story to investigators. Statements given early in an investigation often shape charging decisions, so legal guidance before any interview protects you.

Can police search my phone or home in a sexual assault investigation?

Police generally need a warrant supported by probable cause before searching your phone, home, or digital accounts. If they get evidence without proper legal authorization, it can be challenged in court through suppression motions. If successful, our law firm’s motions can significantly weaken the prosecution’s case.

Can sexual assault charges be dismissed before trial?

Yes, sometimes, depending on the case. Dismissals can happen due to things like insufficient evidence, Constitutional violations, unreliable witnesses, or legal defects. Motions to suppress evidence or exclude testimony frequently weaken the case enough that the prosecution can’t go forward. The best way to find out whether that’s possible for you is to talk to one of our experienced defense lawyers.

How important is forensic evidence in these cases?

It depends on the case. Our law firm can review your case and explain what might happen, with or without forensic evidence. Medical exams, DNA testing, and biological evidence often help the prosecution, but they don’t automatically establish guilt. Issues involving evidence collection, lab procedures, chain of custody, contamination, and interpretation are fairly common. Our defense attorneys will challenge whether forensic findings support the prosecution’s version of events.

Can text messages and social media be used as evidence?

Yes. Digital evidence frequently appears in sexual assault cases. Your texts, direct messages, emails, location data, and call logs could all come into evidence. However, warrants must comply with Constitutional standards, and improper data collection may lead to suppression. The lawyers at our office will fight to keep that evidence out of court.

Can sexual assault charges affect family court matters?

Yes. Pending charges and convictions can influence custody, placement, and restraining order proceedings. Our defense strategies consider how your case may affect any related civil matters, and we’re happy to coordinate with other professionals as necessary.