Legal Question in Criminal Law in Wisconsin

sexual assault(juvenile)

How can a 15 yr old be charged for sexual assault if the girl said she was 15 yrs old then finds out she's 13, and she didn't say the word no and took off her own clothes the excuse she used was she got tired of people pressuring her so she took them off, and she is already sexually active, they said she was to young to consent and in my belief my son wasn't old enough to consent either he got charged and not her to me she is just as guilty as he is and he got sent to corrections, and there was coercion involved, my son was at home watching tv when s friend of his came and said the girl wanted him, when he arrived she was already naked, and had been intimate with someone else already.


Asked on 1/20/07, 8:40 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Sexual Contact with Juveniles

Unfortunately, similar or equal age of the �perpetrator� and �victim� is not a defense to liability in WI for having sexual contact with juveniles, nor is deception as to the "victim's" age, nor instigation of the offense by the victim. All of these factors, however, are relevant in mitigation of sentence. Although it seems silly in your scenario (a 15 year old and a 13 year old), both are equally liable for 2nd degree sexual assault with potential 20 year imprisonment for having sexual contact with each other, regardless of whether or not contact is consensual; although it is legally impossible to determine who is the perpetrator who is the victim. In short, these are gravely serious charges and both participants need separate, experienced criminal attorneys as soon as possible. Wisconsin�s laws are badly in need of reform and clarification in such a scenario.

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Answered on 1/22/07, 12:42 pm


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