Sexual Assault

Moraine Park Technical College, in concern for its students and employees and in compliance with Wis. Act 177, provides the following information.

Definitions of Sexual Assault of an Adult and Penalties Are

First-Degree Sexual Assault

Whoever does any of the following is guilty of a Class B felony:

Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person
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
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

The penalty for first-degree sexual assault is imprisonment for not more than 20 years.

Second-Degree Sexual Assault

Whoever does any of the following is guilty of a Class C felony:

Has sexual contact with or sexual intercourse with another person without consent of that person by use or threat of force or violence; 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
Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency that renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition
Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious
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
Is an employee of an inpatient facility or a state treatment facility and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility

The penalty for second-degree sexual assault is imprisonment for not more than 10 years and/or a fine of not more than $10,000.

Third-Degree Sexual Assault

Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D felony.

The penalty for third-degree sexual assault is imprisonment for not more than five years and/or a fine of not more than $10,000.

Fourth-Degree Sexual Assault

Whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

The penalty for fourth-degree sexual assault is imprisonment for not more than nine months in the county jail and/or a fine of not more than $10,000.

Consent

'Consent,' as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of Sub. (2)(c), (d) and (g). The following persons are presumed incapable of consent, but the presumption may be rebutted by competent evidence, subject to the provisions of Sec. 972.11(2):

(b) A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct

(c) A person who is unconscious or for any reason is physically unable to communicate unwillingness to act

Definitions in This Section Include:
(b) 'Sexual contact' means any intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under Sec. 940.19(1).

(c) 'Sexual intercourse' includes the meaning assigned under Sec. 939.22(36) as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.

Sexual Assault/Reporting Assault

Generally, crime victims and their families are entitled to security from harm and intimidation in connection with their cooperation with law enforcement authorities, Wis. Stats. 950. Victims of felonies and crimes against bodily security have the right to be informed of the outcome of the case and of the release of the offender from custody. Financial services and other social services may also be available. Child victims are entitled to special consideration, Wis. Stats. 950.055.

Reporting sexual assault is important. Rape should be reported to the local law enforcement agency in the community or jurisdiction in which the assault occurred.

Support Services Students are encouraged to report incidents of sexual assault or sexual harassment to Beth Mendoza, Equal Opportunity Officer, District Office, 920-924-3232.

For other sources of campus assistance, contact the Campus Administrator on the appropriate campus or the Student Development Partner (Fond du Lac campus).