Rape Charges in Milwaukee and Waukesha

Rape, one of the most serious crimes tried in the U.S. judicial system, is legally defined as unlawful sexual intercourse, or any other sort of unlawful sexual intrusion. The essential characteristics of any rape charge are sexual penetration, force, and the lack of consent.

In the past, a husband could not be charged with the rape of his wife, but in the 1970s, this law was changed, introducing laws protecting women against spousal rape.

Milwaukee rape charges

State, federal or military courts may issue rape charges. These generally fall into the following categories:

• Rape
• Attempted rape or sexual assault
• Date or acquaintance rape, where the victim has an existing relationship with the accused
• Spousal rape

Waukesha rape defense

If you are charged with the crime of rape anywhere in the Milwaukee or Waukesha areas, you need the strongest legal defense you can muster in order to save your personal and professional livelihood.

A strong rape defense in Milwaukee or Waukesha often revolves around the evidentiary rules specific to rape cases. Prosecutors often base a rape case on evidence not normally permissible in other legal cases. For example, fresh complaints may merely consist of groundless accusations levied against you and repeated by others as hearsay. Allegations of sexual misconduct may be admitted to prove your guilt, even if these charges were never filed in a legal procedure.

An experienced rape defense attorney in Milwaukee or Waukesha understands how to get such evidence dismissed, either before or during a rape trial.

Statutory rape in Waukesha and Milwaukee

The phrase statutory rape usually refers to any sexual act between an adult and a sexually mature minor who is past the age of puberty, regardless of consent. One unique aspect of statutory rape charges is that they are often not brought by the victims, but by their parents or guardians.

Statutory rape laws vary greatly from one jurisdiction to another, and often involve acts between consenting couples. However, their consequences are serious. Statutory rape convictions for an adult can often result in jail or prison time, along with the perpetual requirement to register as sex offenders in whatever jurisdiction they reside.

The attorneys at Hayes & Rothstein can apply years of legal experience to build a strong statutory rape defense in Milwaukee or Waukesha.

Milwaukee and Waukesha spousal rape

Spousal rape involves behavior that ranges from non-consensual sexual activity to assault between spouses. This crime has only become recognized in the last 40 years as a legal transgression, but now spouses are offered the same legal protections against rape as unmarried individuals. The penalties for spousal or marital rape are as serious as those for other sexual assaults.

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