Statutory rape in Wisconsin

Rosenthal, Lawrence rosentha at chapman.edu
Wed Aug 8 10:22:00 PDT 2007


The statute appears to be applicable to both if they had both been under 15.  That is the law in many states, as far as I can tell.
 
Larry Rosenthal
Chapman University School of Law


________________________________

From: Paul Finkelman [mailto:PFink at albanylaw.edu]
Sent: Wed 8/8/2007 10:22 AM
To: Rosenthal, Lawrence; Eugene Volokh; CONLAWPROF at lists.ucla.edu
Subject: RE: Statutory rape in Wisconsin



If they had both been fifteen would they have both been guilty of the
crime of sexual contact with someone under the age of 16, or, does the
statute require that the the offender be over 16.

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386
pfink at albanylaw.edu

>>> "Rosenthal, Lawrence" <rosentha at chapman.edu> 08/08 12:59 PM >>>
Pertinent Wisconsin law provides:  "Whoever has sexual contact or
sexual intercourse with a person who has not attained the age of 16
years is guilty of a Class C felony."  Wi. Stat. s 948.02(2).  "Sexual
contact" is defined to include "[i]ntentional touching by the
complainant, by the use of any body part or object, of the defendant's
intimate parts or, if done upon the defendant's instructions, the
intimate parts of another person."  Wi. Stat. s 948.01(5)(a)(2).


Larry Rosenthal
Chapman University School of Law

________________________________

From: conlawprof-bounces at lists.ucla.edu on behalf of Volokh, Eugene
Sent: Wed 8/8/2007 9:34 AM
To: CONLAWPROF at lists.ucla.edu
Subject: Statutory rape in Wisconsin



        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.
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