Section 940.225 of the Wisconsin Statutes contains four degrees of sexual assault based on the amount of force used by the assailant and the harm done to the victim.
First degree sexual assault
Whoever does any of the following is guilty of a Class B felony:
A Class B felony can include a sentence of imprisonment up to 60 years.
Second degree sexual assault
Whoever does any of the following is guilty of a Class C felony:
A Class C felony can include a fine up to $100,000 and/or imprisonment up to 40 years.
Third degree sexual assault
Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.
A Class G felony can include a fine up to $25,000 and/or imprisonment up to 10 years.
Fourth degree sexual assault
Except as provided in the Third degree Sexual Assault description, whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.
A Class A misdemeanor can include a fine up to $10,000 and/or imprisonment up to 9 months.
Consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. The following persons are presumed incapable of consent:
Under 18: 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.
All staff and faculty are mandated to report any known incidents of sexual misconduct to the Dean of Students Office. The reporting form can be found on the Dean of Students website.
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 can be designed to meet the needs of a specific audience. For more information, or to schedule a program, contact Wellness Services at 262-472-1305, or the University Police at 262-472-4660.
If a sexual assault occurs, victims always have the right to report to the University Police or the police department where the crime occurred; university personnel can 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. More information about this can be found at: http://www.uww.edu/sexual-misconduct-information
Health and Counseling Services are available to assist student affected by sexual misconduct and can be contacted at 262-472-1305.
In the event that a student reports they have been sexually assaulted, the university will work with the student in providing interim options, if requested and reasonably available; these options include modification of the student’s academic and living arrangements, a No Contact Directive, etc. Students need to contact the Dean of Students Office (262-472-1533) to request these options.
If the alleged perpetrator of a sexual assault is a student, the victim may file a complaint with the Dean of Students Office requesting an investigation and possible disciplinary action per UWS Chapter 17. 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 a warning, probation, educational assignments, community service, residence hall contract reassignment or cancellation, suspension, or expulsion.
Whether or not a student participates in an investigation, students have the right to be protected from retaliation. If you experience retaliation in any form, please contact the Dean of Students Office as soon as possible. More information about the sexual misconduct process can be found on Sexual Misconduct Information Site: http://www.uww.edu/sexual-misconduct-information
What about Alcohol? In those cases where a student has been a victim of sexual assault and/or violent crime while under the influence of alcohol, the Dean of Students, University Housing, and the UW-Whitewater Police Department will not pursue disciplinary action against the student victim (or witnesses) for their improper use of alcohol (underage drinking). A student victim who is under the influence of alcohol at the time of a sexual assault is entitled to University and community assistance and is encouraged to seek help.