Statutory rape in Wisconsin

[Volokh, Eugene]

	I regret to say that all I have on the underlying sex crime
prosecution is the press account that I quoted, from the Fond du Lac
Reporter, Aug. 1, 2007:  "Court records show that Allen was convicted in
1998 of second-degree sexual assault of a child for receiving oral sex
from a 15-year-old girl. The records show that Allen was 16 years of age
at the time of the incident, which occurred in 1997 in Shawano County.
In a victim statement included with court documents, the 15-year-old
girl said it was her idea to perform the sexual act. She also wrote that
she didn't think it was Allen's fault or that he should get in trouble."
The offender record, available at
http://offender.doc.state.wi.us/public/search/sor, reports only that he
was convicted of "Second-Degree Sexual Assault of a Child," which is
defined to cover any sexual contact or sexual intercourse with a person
under 16.

	Eugene

Michael Curtis writes:

> >Can Eugene give us a cite to the case or does it not have 
> one?  Why was 
> >the boy a sex offender--because the girl was 15 or because 
> it was oral 
> >sex.  In NC if the kids are within three years of each other 
> in age & 
> >the act is voluntary , it is typically not a crime (whatever the sex 
> >act)--under the kids having sex with kids statutes.  But if 
> it is oral 
> >sex they can be changed under the general crime against 
> nature statute 
> >according to our appellate courts.  If that is what made the 
> child here 
> >into a sex offender, then it is irrationality squared.