Cafferty & Scheidegger on Facebook Cafferty & Scheidegger on X Cafferty & Scheidegger on LinkedIn
Call or Text us Phone Mobile (262) 632-5000 Email Email us Español
Cafferty & Scheidegger, S.C.
Practice Area

Sexual Assault Defense Lawyer | Racine & Kenosha

Wisconsin sexual assault defense under § 940.225. Adults charged in Racine, Kenosha, and Walworth. Trial-tested defense team since 1994.

Free Case Review Call (262) 632-5000

Defense Representation for Sexual-Assault Charges in Wisconsin

An allegation of sexual assault is one of the most serious charges anyone can face, with consequences that reach far beyond the courtroom. Before any evidence is tested or any plea is entered, our defense attorneys examine the factual basis of the accusation, the investigative process, and the rights that may have been violated along the way. If you have been accused, speak to a Cafferty & Scheidegger defense lawyer immediately, before making any statement to investigators.

If you are facing sexual assault charges, whether a misdemeanor or a felony, you are dealing with the full resources of the local District Attorney, law enforcement, forensic nurses, crime-lab analysts, and sometimes digital-forensics teams. The defense has to start before the first statement, phone download, DNA sample, or no-contact violation can narrow your options.

If you are being investigated for sexual assault, or have already been charged in Southeastern Wisconsin, call the criminal defense attorneys at Cafferty & Scheidegger, S.C., in Racine or Kenosha before speaking with investigators.

The Governing Wisconsin Statute

The law at a glance

Sexual assault of an adult is codified at § 940.225, which defines four degrees of severity. The statute turns on the nature of the contact, the presence or absence of force or threat, and the victim’s capacity to consent. First-degree sexual assault is a Class B felony carrying up to 60 years in prison; second through fourth degrees graduate downward.

To secure a conviction, the State must prove beyond a reasonable doubt that the contact occurred, that it was non-consensual, and that each element of the charged degree applies. Consent, identity, and the reliability of forensic and testimonial evidence are the most frequently contested elements in these cases.

Registration is a separate legal analysis under § 301.45. The difference between a conviction, an amended non-registerable charge, and a dismissal is not just about sentencing. It reshapes housing, employment, firearm rights, immigration status, family-court issues, and every background check that follows.

Defense timeline

What happens in a Wisconsin sexual assault case?

Adult sexual assault cases usually begin before charges are filed. Police may ask for a "clarifying" interview, request a phone download, collect DNA, arrange a controlled call, or seek a search warrant for messages and location data. Early defense work is about preserving silence, evidence, and context before the case hardens around one narrative.

Investigation

We review the first report, SANE records, body-camera video, text messages, social media, consent evidence, prior contact, and any request for a statement. If police want to talk, counsel should be present.

Charging and bond

Once charged, the initial appearance usually brings bond, no-contact conditions, travel limits, firearm restrictions, and orders about phones or witnesses. A bond violation can create a separate bail-jumping case.

Evidence and motions

Defense motions may challenge statements, searches, phone extractions, DNA collection, confrontation issues, other-acts evidence, or late-disclosed forensic material. Consent and identity are often built from the same evidence the State thinks proves guilt.

  • Do not give a police interview, controlled-call explanation, or written apology without counsel.
  • Preserve messages, call logs, rideshare records, photos, location history, and witness names.
  • Check whether the alleged conduct is an adult § 940.225 case, a child-sex-offense case under Chapter 948, or a different charge entirely.
  • Analyze registration, immigration, firearm, employment, housing, and licensing consequences before any plea discussion.
§ 940.225Adult sexual assault degrees and consent definition § 301.45Sex offender registration duties § 948.02Sexual assault of a child Wisconsin DOCSex Offender Registry information

Keeping Your Record Clear of a Sex Offense Conviction Is Our Top Priority

The consequences of a sexual assault conviction can be devastating. It is critically important to defend every element of the charge, including identity, consent, capacity to consent, forensic reliability, witness credibility, and whether the State can prove the exact degree charged. Our firm works with investigators and experts when needed to test SANE records, DNA reports, digital evidence, toxicology claims, and timeline assumptions.

A Compassionate Advocate for Your Rights and Freedom

Contact us as soon as you know you are under investigation or have been charged with a sex-related offense in Southeastern Wisconsin, including:

  • Adult sexual assault under § 940.225. First, second, third, and fourth-degree charges turn on different combinations of sexual contact or intercourse, consent, force or threat, injury, weapon allegations, intoxication, incapacity, and pregnancy.
  • Child sex-offense allegations under Chapter 948. Sexual assault of a child is charged under separate statutes, including § 948.02, not simply as “adult sexual assault.” See our sex with a minor defense page.
  • Internet and solicitation cases. Online solicitation, alleged child pornography, trafficking, and interstate communication cases may be prosecuted in state or federal court. See our federal defense page if federal agents are involved.
  • Stalking, harassment, and restraining-order crossover. Some cases begin as relationship, workplace, school, or digital-contact disputes and become criminal charges or injunction proceedings. See our domestic violence defense page.
  • Exposure or lewd conduct allegations. These can range from municipal tickets to misdemeanor or felony charges depending on the facts, location, age of any alleged victim, prior record, and charging statute.

We Pursue Every Strategy to Keep You Out of Jail

Patrick Cafferty and our defense team have earned a reputation among prosecutors and judges for careful preparation and direct courtroom advocacy. Because we know the Racine, Kenosha, and Walworth courts, we can identify when the record supports a dismissal, a suppression motion, a trial defense, or a negotiated result that avoids the harshest consequences of a sex-offense conviction.

From the Cafferty & Scheidegger office in Racine and Kenosha our criminal defense lawyers defend the rights of people charged with sexual assault throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). Contact the firm to arrange a free initial consultation with an experienced sexual assault lawyer right away. You are welcome to call or text us 24 hours a day at 262-632-5000.

Frequently Asked Questions

How long do you go to prison for sexual assault in Wisconsin?
Depends on the degree. First-degree sexual assault under § 940.225(1) is a Class B felony carrying up to 60 years prison. Second-degree under § 940.225(2) is a Class C felony, up to 40 years. Third-degree under § 940.225(3) is a Class G felony, up to 10 years. Fourth-degree under § 940.225(3m) is a Class A misdemeanor, up to 9 months jail. Felony convictions also carry mandatory sex-offender registration and lifetime federal firearm consequences.
What does the State have to prove for sexual assault?
Under § 940.225, the State must prove beyond a reasonable doubt: (1) sexual contact or sexual intercourse occurred (defined at § 940.225(5)), (2) the contact was non-consensual or the alleged victim was incapable of consenting, and (3) for the higher degrees, additional aggravating elements (force, threat, weapon, injury, victim incapacitation, or intoxication impairing capacity to consent). Identity of the actor, occurrence of the contact, and consent are the three most contested elements.
What is the difference between first, second, third, and fourth-degree sexual assault?
First-degree under § 940.225(1) requires sexual contact or intercourse with great bodily harm, use of a dangerous weapon, with two or more persons aiding, or with a victim who became pregnant. Second-degree under § 940.225(2) covers force, threats, victim physical incapacity, or intoxication-induced incapacity. Third-degree under § 940.225(3) is non-consensual intercourse without aggravators. Fourth-degree under § 940.225(3m) is non-consensual sexual contact (touching) without aggravators.
Will a sexual assault conviction require sex offender registration?
Registration must be analyzed under § 301.45 before any plea is entered. Felony sexual assault convictions under § 940.225 generally require registration, and many related sex-offense convictions do as well. The length and reporting duties depend on the exact statute of conviction, sentence, supervision status, and prior record. Registration can require reporting addresses, employment, school, vehicles, and online identifiers; failure to comply can be charged as a separate felony.
Can a sexual assault charge be reduced or dismissed?
Yes, in many cases. Common reduction paths include amendment from first or second degree to third or fourth degree (which still carries registration but dramatically reduces prison exposure), amendment from a felony to a non-registerable disorderly-conduct or battery charge in some prosecutions, and pretrial dismissal when the State cannot meet its burden on consent or identity. Suppression motions targeting any unMirandized statements and DNA-collection challenges are productive.
How does the State prove non-consent in a Wisconsin sexual assault case?
Consent under § 940.225(4) means words or overt actions by a person who is competent to give informed consent, indicating freely given agreement. The State proves non-consent through the alleged victim's testimony, contemporaneous statements (excited utterances under § 908.03(2)), text messages, witness testimony, SANE-nurse exam findings, DNA evidence corroborating contact, and circumstantial evidence of force, incapacity, or coercion. Consent is the most contested element in adult sexual-assault cases.
What does the SANE exam mean for the defense?
A Sexual Assault Nurse Examiner (SANE) exam produces forensic evidence including DNA, photographs of injuries, swabs from anatomical sites, and a contemporaneous narrative of the alleged victim's account. SANE findings cut both ways: the presence of the defendant's DNA proves contact (often not contested), but the absence of injury or the presence of inconsistent injuries can support consent or identity defenses. Defense should obtain the full SANE record, not just the summary, and have it reviewed by a defense expert.
Should I talk to police if accused of sexual assault?
No without a defense attorney present. Wisconsin sexual-assault investigations frequently involve pretextual questioning, recorded one-party-consent phone calls (legal in Wisconsin under § 968.31), and aggressive investigative interviews. Statements made before counsel arrives are admissible at trial under Fed. R. Evid. 801 / Wisconsin equivalents and frequently become the most damaging evidence at trial. Invoke Miranda silently and request counsel.
How long does the State have to charge sexual assault in Wisconsin?
Statute of limitations under § 939.74 varies by degree and victim age. First-degree sexual assault has no statute of limitations. Second-degree under § 939.74(2)(am) has a 10-year limit but extends if the victim was a minor. Third and fourth-degree are governed by general 6-year and 3-year limitations respectively. DNA-based exceptions under § 939.74(2d) further extend limitations when biological evidence later identifies a suspect.
How much does a Wisconsin sexual assault defense lawyer cost?
Sexual-assault engagements run as a tiered flat fee with separate trial-phase pricing because of the registration consequences, the sentencing exposure, and the typical need for defense experts (forensic toxicology, SANE-record analysis, sometimes a defense-retained psychologist). The investment is small relative to a Class B or Class C felony sentence, mandatory sex-offender registration, lifetime federal firearm prohibition, and the 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.

Contact us today for a free consultation

We are here to help you with your case questions.

Contact us