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Cafferty & Scheidegger, S.C.
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Sexual Offense Defense | Racine & Kenosha

Wisconsin defense for adults charged with sexual offense conduct under § 940.225, § 948.02, § 948.025. Strict statute analysis, three decades of trial work.

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Defense Against Sexual-Offense Charges in Wisconsin

If you or a loved one has been accused of a sex offense in Wisconsin, immediate, experienced defense representation is the most important decision you can make. Even before any finding, an accusation alone can damage careers, reputations, and family relationships. The defense attorneys at Cafferty & Scheidegger represent adults charged with sex-related offenses throughout southeastern Wisconsin, aggressively challenging the evidence, protecting your rights at every stage, and preserving your ability to move forward with your life.

Children aged 16 and younger are protected under state law, and no person can legally have sexual intercourse with persons of this age. The charge may be a Class A misdemeanor or a felony, depending upon the age and profession of the person accused of the crime. An adult who has engaged in an intimate relationship with a teenager, or is accused of having done so, will have his or her life turned upside down. Just the accusation is enough to destroy a reputation and leave the person living in an atmosphere of fear and mistrust, treated as a social pariah.

A health care provider will face more serious charges, and any teacher, coach or religious leader can face very serious legal consequences if accused of having sex with a minor. Certain agencies and professions, including police, physicians and teachers, have a legal obligation to report suspicions of this nature, and any person can be closely scrutinized after a report has been submitted to Child Protective Services.

The Consequences in Wisconsin

Every case has a unique set of circumstances and evidence that has led to charges being filed. Some cases of sexual assault are relationships in which the two parties engaged in consensual sex and were in a relationship. The ages of the person involved can result in criminal charges being filed, no matter how committed the two are to each other, or that the intimate relationship was consensual and real. Others may involve an adult who is accused of having preyed on a young person. Wisconsin law states that a child, due to age or immaturity, is incapable of understanding the nature or consequences of sexual intercourse or of sexual contact.

Are you accused of sexual assault or sex with a minor? Regardless of your profession or the circumstances surrounding the relationship, if any, these criminal charges put you in great legal jeopardy. Your personal and professional reputation can be irreparably damaged; you could lose your freedom, for years in some cases; and a conviction means that you may be required to be listed on the Sex Offender Registry.

What To Do If You Are Charged With Sex With a Minor

Whether you were actually involved in a sexual act or a relationship with a minor or are falsely accused, you need legal representation immediately. The level of punishment that could be imposed will be life-changing. The criminal justice system is geared to convict, and innocence or mitigating factors are not enough to assume you will be exonerated. Your first action must be to get a lawyer to help you protect your rights.

Connect with a Cafferty & Scheidegger attorney if you are hoping to avoid the consequences of a conviction. In the legal system, the outcome is never certain, but one certainty is that a high-quality defender is the most important aspect in how your case unfolds. Retaining a lawyer with the highest ratings possible on Avvo (10.0 Superb), from Martindale-Hubbell® (AV Preeminent®), and listed for 15 years as a Wisconsin Super Lawyer®, you can be confident your case will be in the hands of a true legal professional.

Call us now for help - we are ready to discuss your legal situation and seek any alternatives that could assist you in avoiding prison, fines and other repercussions. Our early involvement could be very important to your continued freedom, so connect with us immediately for help. We are ready to listen.

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Frequently Asked Questions

What is the age of consent in Wisconsin?
18. Wisconsin's age of consent under § 948.02 is 18, one of the highest in the country. Sexual contact or intercourse with anyone under 18 is a crime regardless of the actor's age, with felony classifications scaling by the victim's age and the nature of the contact. There is no Romeo-and-Juliet exception in Wisconsin: a 19-year-old having consensual sex with a 17-year-old can be charged.
How long do you go to prison for sex with a minor in Wisconsin?
Depends on the victim's age and the nature of the contact. First-degree sexual assault of a child under 13 with great bodily harm under § 948.02(1)(a) carries mandatory life. First-degree without that aggravator under § 948.02(1)(am) is a Class B felony, up to 60 years prison. Second-degree sexual assault of a child under 16 under § 948.02(2) is a Class C felony, up to 40 years. Sexual intercourse with a child age 16 or 17 under § 948.09 is a Class A misdemeanor.
What is the difference between first and second-degree child sexual assault?
First-degree under § 948.02(1) covers sexual contact or intercourse with a victim under age 13, plus aggravators (great bodily harm, dangerous weapon, multiple aiders) carrying mandatory life. Second-degree under § 948.02(2) covers sexual contact or intercourse with a victim under age 16 without those aggravators, classified as a Class C felony with a 40-year maximum. The victim's age at the time of the contact controls the charge tier.
Will a sex-with-a-minor conviction require sex offender registration?
Yes. All convictions under § 948.02 (sexual assault of a child) require mandatory sex-offender registration under § 301.45. Registration runs for 15 years for most second-degree convictions and lifetime for first-degree convictions and certain repeat offenders. Registration includes name, address, photograph, employment, vehicles, and online identifiers, all publicly searchable through the Wisconsin Sex Offender Registry. Failure to register or update is a separate Class H felony.
What does the State have to prove for sexual assault of a child?
Under § 948.02, the State must prove beyond a reasonable doubt: (1) the defendant had sexual contact (touching of intimate parts for sexual gratification, defined at § 948.01(5)) or sexual intercourse (defined at § 948.01(6)) with the alleged victim, and (2) the alleged victim was under the statutory age (13 for first-degree, 16 for second-degree). Consent is not a defense, and the alleged victim's representation of age is not a defense under § 948.02(4).
Is mistake-of-age a defense to sex with a minor in Wisconsin?
Usually no. Wisconsin's age-of-consent statutes are largely strict-liability with respect to age. Under § 939.43(2), mistake of age is not a defense to sexual assault of a child. The narrow exception under § 948.02(4) and § 948.09 covers cases where the alleged victim is 16 or 17 and the defendant honestly and reasonably believed the victim was 18, but the burden falls on the defendant to establish that defense by a preponderance.
Can a sexual assault of a child charge be reduced or dismissed?
Yes, in some cases. Common reduction paths include amendment from first-degree to second-degree based on the actual age of the victim at the time of the conduct, amendment from a § 948.02 charge to a lesser non-948 offense in cases where the State cannot prove the age element, amendment to § 948.09 (sexual intercourse with a 16-or-17-year-old, a Class A misdemeanor) when the victim's age supports it, and pretrial dismissal when the State cannot meet its burden on contact or identity.
Should I talk to police if accused of sex with a minor?
No without a defense attorney present. Wisconsin child-sexual-assault investigations routinely use pretextual phone calls under § 968.31 (Wisconsin's one-party-consent recording statute), recorded child-forensic interviews at child advocacy centers, and aggressive investigative tactics. Pre-counsel statements are admissible and frequently become the most damaging evidence at trial. Invoke your right to counsel and remain silent.
What about Internet sex crimes against minors?
Internet enticement of a minor under § 948.075 is a Class D felony (up to 25 years prison). Use of a computer to facilitate a child sex crime under § 948.075(1) carries the same penalty. Federal charges under 18 U.S.C. § 2422(b) carry a 10-year mandatory minimum. Sting operations using law-enforcement decoys are common; entrapment defenses under State v. Saternus, 127 Wis. 2d 460 (1986), are productive in some sting cases.
How much does a Wisconsin sex-with-a-minor defense lawyer cost?
These engagements run as a tiered flat fee with separate trial-phase pricing because of the registration consequences, the sentencing exposure (up to mandatory life for first-degree under 13), and the typical need for defense experts (forensic interviewer review, sometimes a defense-retained child psychologist). The investment is small relative to a Class B felony sentence, mandatory lifetime registration, lifetime federal firearm prohibition, and immigration consequences as an aggravated felony under 8 U.S.C. § 1101(a)(43).

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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