In This Section...
Section 940.225 of the Wisconsin Statutes created four degrees of sexual assault based on the the amount of force used by the assailant, and the harm done to the victim.
First degree sexual assault includes:
- sexual intercourse or sexual contact without consent which inflicts great bodily harm or pregnancy
- sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon
- sexual intercourse or sexual contact without consent while aided by one or more persons by use or threat of force or violence
Second degree sexual assault includes:
- sexual intercourse or sexual contact without consent through the use or threat of force or violence
- sexual intercourse or sexual contact without consent which causes injury, including illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care
- sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient or under the influence of an intoxicant to a degree which renders the person incapable of appraising another person's conduct
- sexual intercourse or sexual contact without consent while aided by one or more persons
- sexual intercourse or sexual contact without consent with a resident of the facility/program by an employee of a facility/program under s. 940.295
- sexual contact or sexual intercourse by a staff member with a person in a child or long term care facility, correctional institution, on probation, or on parole
Third degree sexual assault includes:
- sexual intercourse without consent, or sexual contact without consent involving ejaculation
A person can be sentenced up to ten years and/or fined up to $25,000 (Class G felony).
Fourth degree sexual assault includes:
- sexual contact with another person without consent
- sexual intercourse, with or without consent, with a person 16 or 17 years old
A person can be imprisoned up to nine months and/or fined up to $10,000 (Class A misdemeanor).
Consent is defined as words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual contact or intercourse. A person who is unconscious or sufficiently drunk or drugged or to be unable to communicate unwillingness is not competent to give consent.
WI Statute 948.02, 948.025, 948.09: Sexual contact or intercourse with a person under the age of 16 and sexual intercourse with a person 16-18 years of age with or without consent is against the law in the state of Wisconsin.
WI Statute 947.013: A person can be fined up to $1,000 (class B forfeiture) for harassing or intimidating another person. A person can be imprisoned up to nine months and/or fined up to $10,000 (Class A misdemeanor) if the act is accompanied by a credible threat, or occurs in violation of a restraining order. A person can be imprisoned up to 3 years and 6 months and/or fined up to $10,000 (Class I felony) if the person has a prior conviction for the same act involving the same victim within the last 7 years. A person can be imprisoned up to 6 years and/or fined up to $10,000 (Class H felony) if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to commit the act.
WI Statute 940.32: A person can be sentenced from 3 1/2 to 12 1/2 years and fined $10,000-$25,000 (class H, I or F felony) for stalking another person.
WI Statute 940.22: Any therapist can be imprisoned up to 12 years and 6 months and fined fined up to $25,000 (class F felony) for having sexual contact with or without consent with a patient or client during any ongoing therapist-patient or therapist-client relationship.
The University of Wisconsin-Whitewater is committed to an environment free of sexual offenses, and perpetrators in the campus community will be subject to appropriate campus disciplinary action and criminal proceedings.
The university offers many programs designed to prevent sexual assault and other related offenses. Although these vary from year to year, they are typically offered in classrooms, residence halls, and through student organizations. These programs are offered for both men and women, and can be designed to meet the needs of a specific audience. For more information, or to schedule a program, contact the Wellness Coordinator at 262-472-1305, or the University Police at 262-472-4660.
If a sexual assault does occur, victims always have the right to report such incidents to the University Police or the Police Department where the crime occurred, and university personnel will assist in this notification when requested. Should the victim decide to report, timely reporting and preservation of evidence are important for the proof of a criminal offense. A forensic exam can be done in most hospital emergency departments for no charge.
Victims may also call 262-472-1060 at any time of day or night for support information, and advocacy. Health and counseling services are also available at the University Health and Counseling Services 262-472-1300.
In the event that a student alleges they have been sexually assaulted, the university will work with the student to change the student's academic and living situations, if requested and if those changes are reasonably available. Students need to contact the Dean of Students Office (262-472-1533) to request these modifications.
If the alleged perpetrator of a sexual assault is a student, the victim may file a complaint with the Dean of Students, requesting an investigation and possible disciplinary action. In the event of such a request, UWS Chapter 17 procedures will be followed. Throughout the process, both the accuser and the accused are entitled to the same opportunities to have others present. In addition, both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding. Sanctions that may be imposed following a finding of sexual assault include warning, probation, educational assignments, community service, residence hall contract reassignment or cancellation, suspension and expulsion.
All faculty and staff are mandated to report any known incidence of sexual assault to the Dean of Students Office using the Sexual Assault Incident Mandated Reporting Form.