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wi age of consent

March 21, 2024 Uncategorized

Wisconsin’s Age of Consent Laws: What You Need to Know

So you wanna know about age of consent laws in Wisconsin, huh? I feel ya. It can get kinda confusing with all the legal mumbo jumbo. Let me break it down for ya in simple terms.

What is the age of consent in Wisconsin?

The age of consent in Wisconsin is 18 years old. That means anyone under 18 cannot legally consent to sexual activity. There are a few exceptions though that we’ll get into later.Now if two minors get frisky together, things work a bit differently. Let’s say a 16-year-old and a 17-year-old hook up. That’s not automatically considered illegal even though they’re both under 18. More on that later too.

Can a 16 or 17 Year Old Consent to Sex in Wisconsin?

There are some exceptions for 16 and 17 year olds. If their partner is within 3 years of their age, they can legally consent to sexual stuff.So for a 16 year old, their partner has to be between 16 and 19 years old. And for a 17 year old, their partner has to be between 17 and 20 years old.As long as their partner fits in that age range, the 16 or 17 year old can legally bang. Well, as long as there’s no position of authority stuff going on that we’ll chat about soon.

What About Romeo and Juliet Laws?

Wisconsin kinda has Romeo and Juliet laws but they work differently than other states.Instead of creating a close-in-age exemption, Wisconsin laws focus more on the age difference between the two peeps hookin’ up. As long as the age difference is less than 3 years, an underage person can legally consent.This works the same way for homosexual and heterosexual relationships. The genders don’t matter here folks.

Can a Minor Be Charged With a Crime for Having Sex With an Adult?

Yes, they sure can. Even if a minor consents to sexual stuff with an adult, the adult can be charged with a crime like 3rd degree sexual assault. The minor could also potentially be charged with a crime.It’s complicated and depends a lot on the specific situation. But generally, these student-teacher relationships don’t end well legally even if it’s “consensual.” Just don’t do it!

Position of Authority and Trust Makes Consent Impossible

Here’s where things get really tricky legally. If one person is in a position of authority or trust over the other, then consent isn’t possible.What the heck does “position of authority or trust” mean anyway? This includes teachers, coaches, police officers, doctors, counselors, therapists, caregivers, guardians, etc. Basically any job where someone has power over someone else, especially minors.So if say, idk, a 17 year old student makes sexy eyes with their hot math teacher, or a 16 year old feels a special “bond” with their swim coach, or even an 18 year old gets involved with their counselor – that’s no bueno! Legally speaking, minors cannot consent to sexual stuff in those situations. And the adult would be committing a crime like sexual assault of a student/child.This is some serious business here with potentially life-changing consequences! Adult peeps need to keep their hands off minors, point blank period.

What About Marriage and Minors?

Marriage doesn’t make a difference when it comes to age of consent laws in Wisconsin. Minors still cannot legally consent to sexual activity even if they are married.In fact, in Wisconsin it’s straight up illegal for minors to get married at all now. The minimum age used to be 16 with parent/judge approval but they changed it in 2018. Now both people have to be at least 18 years old to get married.

What’s the Age Gap Allowed for Minors?

Like we chatted about before, as long as the minor’s partner is within 3 years of their age, they can legally consent to sexual stuff under Wisconsin law. This is true for 16 and 17 year olds.Here’s a handy dandy chart:

Minor’s Age Partner’s Age Range
16 16-19
17 17-20

As long as their partner is in that age range, sexy times between minors are A-OK.Of course, this assumes no position of authority stuff. Can’t stress that enough.

What Are Wisconsin’s Statutory Rape Laws?

Wisconsin statutory rape laws make it illegal to have sexual contact or intercourse with a minor. This is criminal sexual assault in Wisconsin.They break it down into different degrees based on ages and relationship. Check it:

  • First Degree Sexual Assault – Sexual contact or intercourse with anyone under 13. This is a Class B felony punishable by up to 60 years in prison. Big yikes!
  • Second Degree Sexual Assault – Sexual contact or intercourse with a minor at least 13 but under 16. This is a Class C felony with up to 40 years in prison. Also super serious.
  • Third Degree Sexual Assault – Sexual intercourse with a minor age 16 or older without consent. This is a Class G felony punishable by up to 10 years behind bars. Bad news.
  • Fourth Degree Sexual Assault – Sexual contact with a minor between 16-18 years old or a patient/client. This is a misdemeanor with up to 9 months in jail. Still no fun.

Are There Any Defenses to Statutory Rape?

There are a few potential defenses to statutory rape charges:Reasonable Mistake of Age – If the adult reasonably believed their partner was at or over the age of consent based on their appearance or what they were told. But they gotta prove it!No Sexual Contact – If there was no actual sexual contact, then there was no crime. For example, only kissing/making out.Romeo and Juliet – As we talked about before, Wisconsin has exceptions for consensual sex between minors and partners less than 3 years older.But none of these defenses apply to sexual contact between a minor and adult in positions of authority or trust. That’s always illegal.

How Do I Report an Illegal Relationship in Wisconsin?

If you wanna report an inappropriate sexual relationship in Wisconsin involving a minor, here’s what to do:

  • Contact the police – Let law enforcement investigate illegal statutory rape or sexual assault of a minor.
  • Inform a school counselor – If it involves teachers or personnel, tell a guidance counselor, principal or district administrator immediately. They are required to report it.
  • Call Child Protective Services – Even if no abuse is occurring, they can look into overly sexual relationships.
  • Talk to a parent – If it’s your friend who’s the minor involved with an older teen or adult, urge them to open up to their parents or guardian.

Get any minor out of an illegal relationship ASAP! These can be volatile situations that often escalate over time. Speaking up can protect vulnerable young people from lifelong trauma.

Let’s Recap Wisconsin Age of Consent Laws

Alright, let me drop some key takeaways about Wisconsin age of consent laws real quick:

  • Age of consent is 18 years old here
  • 16 and 17 year olds can consent to partners less than 3 years older
  • No consent is possible from minors to authority figures
  • Mistake of age and Romeo/Juliet defenses may apply
  • Illegal relationships should be reported to police and schools

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