Definitions and Wisconsin Laws

Section 36.11(22)(2)(c)documentlink Wisconsin Statues requires any person employed at a UW institution who witnesses a sexual assault on campus or who receives a report from a student enrolled in the institution that the student has been sexually assaulted must report the incident.


Sexual Assault:

Section 940.225documentlink of the Wisconsin Statues created four degrees of sexual assault. The degrees are based upon the amount of force used by the perpetrator and the harm done to the victim. Section 948.02documentlink regards age of the victim. First, second and third degree sexual assaults are felonies; fourth degree sexual assault is a misdemeanor.

First Degree Sexual Assault: A person can be imprisoned not more than 40 years for committing first degree sexual assault. This includes:

  • Sexual intercourse or sexual contact without consent which inflicts great bodily harm or pregnancy, or
  • Sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon, or
  • Sexual intercourse or sexual contact without consent while aided by one of more persons by use of threat of force or violence, or
  • Sexual intercourse or sexual contact, with or without consent, with a person under the age of 13.

Second Degree Sexual Assault: A person can be imprisoned not more than 20 years and/or fined not more than $10,000 for committing second degree sexual assault. This includes:

  • Sexual intercourse or sexual contact without consent through the use or threat of violence, or
  • Sexual intercourse or sexual contact without consent which causes injury, including illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or Sexual intercourse or sexual contact with a person known by the perpetrator or be unconscious or mentally ill or under the influence of an intoxicant to a degree which renders that person incapable of appraising the person’s conduct, or
  • Sexual intercourse or sexual contact without consent while aided by one or more persons, or
  • Sexual intercourse or sexual contact, with or without consent, with a person who has not attained the age of 16 years

Third Degree Sexual Assault: A person can be imprisoned not more than five years or fined not more than $10,000 for committing third degree sexual assault. This includes:

  • Sexual intercourse with a person without consent of that person, or
  • Sexual contact with intentional penile ejaculation with a person without consent of that person.

Fourth Degree Sexual Assault: A personal can be imprisoned not more than nine months in the county jail and/or fined not more than $10,000 for committing fourth degree sexual assault. This includes:

  • Sexual contact with a person without consent of that person, or
  • Sexual intercourse, with or without consent, with a person 16 or older

Consent: The law defines the word consent as words or overt actions by a person who is competent to give consent indicating a freely given agreement to have sexual intercourse or sexual contact.

Download a sexual assault incident mandated reporting formdocument.