Focus on Contemporary Issues

Sexual Assault

Sexual Assault Section 940.225 of the Wisconsin Statutes created four degrees of sexual assault. The degrees are based upon the amount of force used by the assailant and the harm done to the victim. First, second and third degree sexual assaults are felonies; fourth degree sexual assault is a misdemeanor.

First degree sexual assault includes: Sexual intercourse or sexual contact without consent which causes pregnancy or inflicts great bodily harm, or sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon, or sexual intercourse or sexual contact without consent while aided by one or more persons. A person can be imprisoned not more than 20 years for committing first degree sexual assault.

Second degree sexual assault includes: Sexual intercourse or sexual contact without consent through the use or threat of violence, or sexual intercourse or sexual contact without consent which causes injury including illness, disease, or impairment or a sexual or reproductive organ, or mental anguish requiring psychiatric care, or sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient. A person can be imprisoned not more than 10 years and/or fined not more than $10,000 for committing second degree sexual assault.

Third degree sexual assault: Is having intercourse with a person without that person's consent. The penalty for third degree sexual assault is imprisonment for not more than 5 years and/or a fine of not more than $10,000.

Fourth degree sexual assault: Is having sexual contact with a person without that person's consent. The penalty for fourth degree sexual assault is imprisonment for not more than 9 months in the county jail and/or a fine of not more than $10,000.

For the purpose of personal comfort and protection the survivor has the option to file either an anonymous or confidential report.

Anonymous: Only the survivors gender, age and that she/he is a UW-Whitewater student will be recorded. The reporting will be filed in the Dean of Students office. No report will be made to University Police without the survivor's permission.

Confidential: The survivors gender, age, student status, name and social security number will be recorded. The report will be filed in the Dean of Students office. This information will not be disclosed without the survivor's permission. Information reported confidentially is subject to release by court order. For additional information contact the Dean of Students office at 472-1533.