What Is Statutory Rape in Wisconsin?

 Posted on January 12, 2026 in Criminal Defense

In Wisconsin, the age of consent for sexual activity is 18 years old. This means a person under 18 cannot legally agree to sexual activity, even if they say yes. Because of this, cases involving teenagers and young adults can still lead to criminal charges for sex crimes. As of 2026, Wisconsin courts do not allow exceptions based on small age differences. If you are facing accusations like this, a Dodge County, WI statutory rape defense lawyer can help you understand what the law says and what steps to take next.

How Does Wisconsin Define Statutory Rape?

Wisconsin law does not use the term "statutory rape." Instead, these cases are charged under laws related to sexual assault of a child or sexual intercourse with a minor.

Under Wis. Stat. § 948.02 and § 948.09, Wisconsin criminal law covers sexual contact or sexual intercourse with a minor, meaning intentional sexual touching or intercourse with a child under certain ages. This can include cases involving 16 or 17-year-olds.

How Do Statutory Rape Charges Change Based on the Child’s Age?

In Wisconsin, the age of the child plays a major role in how a statutory rape case is charged. The younger the child, the more serious the potential charge.

Sexual contact or sexual intercourse with a child under the age of 13 is treated as one of the most serious offenses under Wisconsin law and is charged as a felony. Cases involving children under 16 are also typically charged as felonies, even when there are no allegations of force or violence.

When the child is 16 or 17 years old, the law treats the situation differently. Sexual intercourse with a minor in this age range may be charged as a Class A misdemeanor under § 948.09, rather than a felony. However, misdemeanor charges can still carry serious penalties and long-term consequences.

What Penalties Can Apply in a Statutory Rape Case?

Penalties in a statutory rape case depend on the age of the minor, the type of sexual conduct alleged, and whether the charge is a misdemeanor or a felony. In more serious cases, a conviction can result in prison time, followed by extended supervision after release. Courts may also impose fines and long periods of probation with strict conditions.

One of the most serious consequences is sex offender registration. Many statutory rape convictions require registration for years or even a lifetime. Registration can affect where a person is allowed to live, limit employment options, and restrict daily activities. These effects often continue long after a sentence ends, which is why these cases carry such high stakes.

Does Consent Matter in Statutory Rape Cases?

In most statutory rape cases, consent is not a legal defense. Wisconsin law assumes minors cannot legally consent because of their age. This means statements like "we both agreed" usually do not prevent charges. The focus is on age, not willingness.

Are There Defenses to Statutory Rape Charges in Wisconsin?

While statutory rape laws focus on age, that does not mean every charge automatically leads to a conviction. Defenses depend on the statute used, the facts of the case, and the strength of the evidence.

Common defenses may include:

• Challenging whether sexual contact or sexual intercourse actually occurred

• Questioning the reliability of statements, electronic messages, or witness accounts

• Raising credibility concerns when there is little or no physical evidence

• Disputing whether the accused has been correctly identified

• Challenging whether the state can prove the minor’s age at the time of the alleged incident

• Identifying problems with how evidence was collected or how statements were obtained

Because these charges carry long-term consequences, building a defense requires early understanding of the facts and a clear strategy from the beginning.

Schedule a Free Consultation With Our Walworth County, WI Sex Crimes Defense Attorney

Statutory rape charges in Wisconsin can carry life-altering consequences. At Bucher Law Group, LLC, we can explain how the law applies to your situation and help you respond strategically. Attorney Bucher spent 20 years as the Waukesha County District Attorney, was elected twice as President of the State Wide District Attorneys Association, and served on dozens of statewide task forces on violent crimes. He has litigated some of the most high-profile and complex cases in Wisconsin and has handled thousands of cases throughout his career.

He can help you better understand the charges against you. Call 262-446-9222 to speak with a Dodge County, WI statutory rape defense lawyer and protect your rights.