University of Wisconsin-Superior
Yellowjacket Union Suite 230
Belknap and Catlin
P.O. Box 2000
Superior, WI 54880
Alt. ph. 715-394-8244
Sexual Assault Information
Sexual assault occurs more frequently than people realize, and it demands our attention. At the University of Wisconsin-Superior, we are committed to the prevention of all forms of sex based abuse. Coercive sexual contact and unwanted comments of a sexual nature are offensive and undermine the safety, security and dignity of all members of the University community.
Below you will find:
Four degrees of sexual assault are defined by the by the Wisconsin statutes. These statutes recognize that sexual assault, sexual exploitation by a therapist and harassment are serious criminal offenses. All members of the University community should understand how these offenses are defined in the law and to be aware of the penalties. Students who have been assaulted should immediately contact Campus Safety or law enforcement for assistance.
(1) First Degree Sexual Assault. Whoever does any of the following is guilty of a Class B felony:
(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.
(2) Second Degree Sexual Assault. Whoever does any of the following is guilty of a Class C felony:
(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.
(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 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.
(3) Third Degree Sexual Assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D felony.
(3m) Fourth Degree Sexual Assault. Whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.
(4) 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 s. 972.11 (2):
(b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.
(c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(5) Definitions. In this section:
(a) "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 s. 940.19 (1).
(b) "Sexual intercourse" includes the meaning assigned under s. 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.
(1) Except as provided in ss.946.83 and 946.85, felonies in chs.939 to 951 are classified as follows:
(a) Class A felony.
(b) Class B felony.
(c) Class C felony.
(d) Class D felony.
(e) Class E felony.
(2) A felony is a Class A, B, C, D or E felony when it is so specified in chs.939 to 951.
(3) Penalties for felonies are as follows:
(a) For a Class A felony, life imprisonment.
(b) For a Class B felony, imprisonment not to exceed 20 years.
(c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
(d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
(e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.
(1) Misdemeanors in chs.939 to 951 are classified as follows:
(a) Class A misdemeanor.
(b) Class B misdemeanor.
(c) Class C misdemeanor.
(2) A misdemeanor is a Class A, B or C misdemeanor when is it so specified in chs.939 to 951.
(3) Penalties for misdemeanors are as follows:
(a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
(c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
Under s.940.22, 89-90 Wis. Stats., any individual who performs or purports to perform psychotherapy, including physicians, psychologists, social workers, nurses, chemical dependency counselors, and members of the clergy, whether or not licensed by the state of Wisconsin, is prohibited from having sexual contact with a subject, patient, or client.
(1) First Degree Sexual Assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B felony.
(2) Second Degree Sexual Assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class B felony.
(3) Failure to Act. A person responsible for the child's welfare is guilty of a Class C felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
1.Listen carefully. Take time to hear what your partner is saying. If you feel they are not being direct or are giving you mixed signals, ask for clarification. Be aware of your partner's body language and demeanor at all times. Keep the lines of communication open.
2.Do not fall for the "No means Yes" stereotype. When a person says "No," they mean "NO."
3.Remember that date rape is a crime. It is never acceptable to use force in sexual situations.
4.Do not make assumptions about an individual's behavior. Do not automatically assume that they want to have sex just because they are intoxicated, dressed provocatively, coming on to you, or if they agree to go to your room. Also, do not assume that because a person consents to kissing or other sexual intimacies they are willing to have sexual intercourse.
5.Be aware that having sexual contact with a person who is physically or mentally unable to give consent is rape. If you have sexual contact with a person who is drugged, passed out, incapable of saying "no," or unaware of what is happening around them, you are guilty of rape.
6."Get involved" if you believe someone is at risk. If you see a person in trouble or an individual using force or pressuring another person, do not be afraid to intervene. You could save them from a terrible experience.
1.You have a right to say "No" to any unwanted sexual contact. If you are uncertain about your situation, ask your partner to respect your feelings.
2.Communicate your limits firmly and directly. Do not assume that your partner will "get the message" without your telling them.
3.Listen to your gut feelings. If you feel uncomfortable leave the situation or ask your partner to leave immediately. Don't hesitate to state your feelings.
4.Date rape is the most common form of rape. Be aware of your situation at all times!
(1) To be informed by local law enforcement agencies and the district attorney of the final disposition of the case. If the crime charged is a felony or is specified in ch.940 or s. 948.02, 948.03 or 948.05, the victim shall be notified whenever the defendant or perpetrator is released from custody. The victim shall be notified of a pardon application by the governor under s.57.09(3).
(2) 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.
(2m) To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony and have the information considered by he court.
(3) 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.
(4) To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services.
(5) To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled.
(6) To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants.
(7) 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 evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
(8) To be provided with appropriate employer intercession services to ensure that employers of victims and 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.
(9) To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.
(10) To have the family members of all homicide victims afforded all of the rights under subs.(1) to (4) and (6) to (9) and analogous services under s.950.05, whether or not they are witnesses in any criminal proceedings.
(1) Counties are encouraged to provide victims and witnesses the following services:
(a) Court appearance notification services, including cancellation of appearances.
(b) Victim compensation and social services referrals, including witness fee collection, case?by?case referrals and public information.
(c) Escort and other transportation services related to the investigation or prosecution of the case, if necessary or advisable.
(d) Case progress notification services which may be combined with services under par.(a).
(dm) Assistance in providing the court with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony.
(e) Employer intercession services.
(f) Expedited return of property services.
(g) Protection services.
(h) Family support services, including child and other dependent care services.
(i) Waiting facilities.
(2) Counties are encouraged to assist victims in enforcing their rights under s. 950.045.
A. Domestic abuse means any of the following:
1. Intentional infliction of physical pain, physical injury or illness.
2. Intentional impairment of physical condition.
3. A violation of 940.225(1)(2)(3)
4. A physical act or a threat in conjunction with a physical act which may cause the other person to reasonably fear imminent engagement in the conduct described above.
B. Domestic abuse can be engaged in by any male or female adult who may be a spouse, former spouse, adult relative, or against any adult with whom the person resides or formerly resided.
C. Relative means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, aunt, child, stepbrother, stepsister, stepchild, father-in-law, mother-in-law, daughter-in-law, or son-in-law.
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