Sexual Assault Awareness Sexual Assault Facts One out of every six American women has been a victim of an attempted or completed rape in their lifetime. Annually, about 3% of all college women experience a sexual assault. The majority of sexual assaults are committed by men who are known by the victim. • 73% of sexual assaults are committed by men known to the women they assault. • 38% of the assailants were friends or acquaintances of the women. • 28% of the assailants were once intimate partners of the woman. • 7% of the assailants were relatives of the woman. • Victims range in age from infants to the elderly: 15% are under age 12; 29% are ages 12 to 17, 44% are under age 18 and 80% are under age 30. • About 3% of American men have experienced an attempted or completed rape in their lifetime. National Criminal Victimization Survey, 2005. U.S. Department of Justice Definitions of Sexual Assault and Penalties Federal and state statutes define sexual assault differently. Instead of a legal definition of forcible rape, Wisconsin describes four degrees of “sexual assault,” ranging from unwanted touching to forced intercourse under 940.225 of the Wisconsin statutes. The statutes define the act as sexual contact or sexual intercourse with another person without consent of that person. It emphasizes the degree of force used by the assailant and the amount of harm done to the victim, not the resistance offered by the victim. First Degree Sexual Assault a. Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person. b. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon. c. Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. Penalty for first degree sexual assault is imprisonment not to exceed 60 years. Second Degree Sexual Assault a. Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. b. Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim. c. Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition. (cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent. d. Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious. e. Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person. f. Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program. g. Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section. h. Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent’s supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section. i. Is a licensee, employee, or non-client resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity. Penalty for second degree sexual assault is a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. Third Degree Sexual Assault Penalty for third degree sexual assault is a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Fourth Degree Sexual Assault Penalty for fourth degree sexual assault is a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. Failure to Act Sexual Exploitation by Therapist Penalty for sexual exploitation by a therapist is a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. Sexual Assault and Your Rights Wis.Stats.950.01 LEGISLATIVE INTENT Wis Stats. 950.03 ELIGIBILITY OF VICTIMS Wis. Stats. 950.04 BASIC BILL OF RIGHTS FOR VICTIMS AND WITNESSES a. To have his or her interest considered when the court is deciding whether to grant a continuance in the case, as provided under ss. 938.315 (2) and 971.10 (3) (b) 3. b. To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim’s right under this paragraph. (bm) To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee’s loss of pay and other benefits resulting from court appearances. c. To be accompanied by a service representative, as provided under s. 895.45. d. To request an order for, and to be given the results of, testing to determine the presence of a communicable disease, as provided under ss. 938.296 or 968.38. (dl) To not be the subject of a law enforcement officer’s or district attorney’s order, request, or suggestion that he or she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s. 968.265. e. To be provided a waiting area under ss. 938.2965 and 967.10. (em) To have his or her interests considered by the court in determining whether to exclude persons from a preliminary hearing, as provided under s. 970.03 (4). f. To have the parole commission make a reasonable attempt to notify the victim of applications for parole, as provided under s. 304.06 (1). g. To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b). (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.195 (1r) (d). i. To have, at his or her request, the opportunity to consult with intake workers, district attorneys and corporation counsel in cases under ch. 938, as provided under ss. 938.245 (1m), 938.265 and 938.32 (1) (am). j. To have, at his or her request, the opportunity to consult with the prosecution in a case brought in a court of criminal jurisdiction, as provided under s. 971.095 (2). k. To a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter. l. To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to contact the victim concerning the victim’s right to make a statement, as provided under ss. 938.32 (1) (b) 2., 938.335 (3m) (b) and 972.14 (3) (b). m. To provide statements concerning sentencing, disposition or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1. [s. 938.32 (1) (b) 1g.], 938.335 (3m) (a) [938.335 (3m) (ag)] and 972.14 (3) (a). n. To have direct input in the parole decision-making process, as provided by the rules promulgated under s. 304.06 (1) (em). (nn) To attend parole interviews or hearings and make statements as provided under s. 304.06 (1) (eg). (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d). o. To have information concerning the impact of a delinquent act on the victim included in a court report under s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s. 938.331. p. To have the person preparing a presentence investigation under s. 972.15 make a reasonable attempt to contact the victim, as provided in s. 972.15 (2m). (pm) To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim and have the information considered by the court. q. To restitution, as provided under ss. 938.245 (2) (a) 5., 938.32 (1t), 938.34 (5), 938.345, 943.212, 943.23 (6), 943.245, 943.51 and 973.20. (qm) To recompense as provided under s. 969.13 (5) (a). r. To a judgment for unpaid restitution, as provided under ss. 895.035 (2m) and 973.09 (3) (b). (21m) To compensation, as provided under ch. 949. s. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken. t. To receive information from law enforcement agencies, as provided under s. 950.08 (2g). u. To receive information from district attorneys, as provided under s. 950.08 (2r). (um) To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m) regarding conditional releases under s. 971.17. v. To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody. (vm) To have the appropriate clerk of court send the victim a copy of an inmate’s petition for extended supervision and notification of the hearing on that petition under s. 302.114 (6). w. To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m) regarding leave granted to qualified inmates under s. 303.068. x. To have the department of health and family services make a reasonable attempt to notify the victim under s. 971.17 (6m) regarding termination or discharge under s. 971.17 and under s. 51.37 (10) regarding home visits under s. 51.37 (10). (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.08 and discharge under s. 980.09 (4). (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4). (ym) To have the governor make a reasonable attempt to notify the victim of a pardon application, as provided under s. 304.09 (2) and (3). z. To make a written statement concerning pardon applications, as provided under s. 304.10 (2). (zm) To request information from a district attorney concerning the disposition of a case involving a crime of which he or she was a victim, as provided under (zx) To complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under s. 950.09 (2). Rights of Witnesses a. To request information from the district attorney about the final disposition of the case. b. To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court. c. To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available. d. To be informed of financial assistance and other social services available as a result of being a witness of a crime, including information on how to apply for the assistance and services. e. To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled. f. To be provided a waiting area under ss. 938.2965 and 967.10. (fm) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentially analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken. g. To be provided with appropriate intercession services to ensure that employers of witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee’s loss of pay and other benefits resulting from court appearances. h. To be entitled to a speedy disposition of the case in which they are involved as a witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter. Reduce Your Risk of Sexual Assault Look out for your friends. Share class and social schedules. Be sure your friends know how to reach your family and your family has their contact info. Stay in a group. Don’t be alone with someone you don’t know or trust. Don’t leave your drink unattended—someone could put drugs in it. Know where emergency phones are, what parts of campus are well-lit and where people hang out. If drinking might have impaired your judgment—or your partner’s judgment—say no for now; you can always reconsider tomorrow. Communicate your limits firmly and directly. If you say no, say it like you mean it. Be loud and clear, and be firm—in body language as well as words. Trust your instincts. Don’t feel obligated to do anything you don’t want to. “I don’t want to” is always a good enough reason. Find a safe environment away from your attacker. Ask a trusted friend to stay with you. Remember, it’s not your fault you were attacked. Preserve evidence of the attack. Though you may want to, do not bathe or brush your teeth. Do not wash or get rid of any of the clothing that you were wearing. Write down as many details as you can recall. Report the assault to police. A counselor can help you through the process. Seek medical attention. Even if you don’t think you’re injured, it’s important to test for STDs and pregnancy. Ask the hospital to conduct a rape kit exam and, if you think that you have been drugged, collect a urine sample for analysis by a lab. Where to Find Help Rape Crisis Centers have been formed all across the country to assist sexual assault survivors and their families in dealing with the aftermath of these crimes. If you have been sexually assaulted, contact your local law enforcement agency at 911 and/or the following: Adams County Portage County Wood County If you have been a victim of sexual assault or harassment on an MSTC campus or at any |
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