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Madison sexual assault defense lawyer Robert T. Ruth is an experienced Wisconsin sex crimes defense lawyer. He has been a Wisconsin lawyer since 1993 and has devoted his law firm to criminal defense since then. If you face a sexual assault accusation anywhere in Wisconsin, his law firm has the knowledge, skill and experience to aggressively fight for your rights.
Madison WI Sex Crimes Defense Lawyer Attorney
Being accused of a sex crime is a life changing event. From the moment of the accusation, your reputation is on the line. Often times, your family, job, and friends are on the line as well. A conviction for a sex crime could mean prison, fines, and supervision for many years. A conviction for a sex offense could also mean getting placed on the Wisconsin Sex Offender Registry, which is the modern day equivalent of getting branded with the scarlet letter. The situation is far too serious to even contemplate handling any aspect of the case without an experienced sexual assault defense attorney.
The investigation in a sex crime case often includes an attempt by the police to interview the accused. If the police question a suspect about an alleged crime when the suspect is in custody, they are required to inform the suspect of the right to an attorney. Many times in a sex crime case, however, the accused is not in custody when first contacted by the police. For example, a detective may stop by your home or work and ask to speak with you. The detective might even ask if you will come down to the police station to talk. In situations like these where the suspect is free to leave, the police do not have to provide a Miranda warning or give any information about the right to a defense attorney. Do not be fooled by the casual nature of this type of contact with police. Anything that you say in this sort of interview can be used against you. I have seen many sex offense cases where some critical aspect of the state's case is established by something that the defendant told police in one of these pre-arrest. That is why the best course of action whenever the police question you about any sex crime, or any crime for that matter, is to politely decline to answer any questions without first speaking to a criminal defense lawyer.
Summary of Wisconsin Sex Crimes Involving Adults
940.225 Sexual Assault
(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.
(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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) Is a licensee, employee, or nonclient 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.
(3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5)(b)2. or 3. with a person without the consent of that person is guilty of a Class G felony.
(3m) Fourth degree sexual assault. Except as provided in sub. (3), 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), (cm), (d), (g), (h), and (i). 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:
(abm) “Client” means an individual who receives direct care or treatment services from an entity.
(acm) “Correctional institution” means a jail or correctional facility, as defined in s. 961.01(12m), a juvenile correctional facility, as defined in s. 938.02(10p), or a juvenile detention facility, as defined in s. 938.02(10r).
(ad) “Correctional staff member” means an individual who works at a correctional institution, including a volunteer.
(ag) “Inpatient facility” has the meaning designated in s. 51.01(10).
(ai) “Intoxicant” means any alcohol beverage, controlled substance, controlled substance analog, or other drug or any combination thereof.
(ak) “Nonclient resident” means an individual who resides, or is expected to reside, at an entity, who is not a client of the entity, and who has, or is expected to have, regular, direct contact with the clients of the entity.
(am) “Patient” means any person who does any of the following:
1. Receives care or treatment from a facility or program under s. 940.295(2)(b), (c), (h) or (k), from an employee of a facility or program or from a person providing services under contract with a facility or program.
2. Arrives at a facility or program under s. 940.295(2)(b), (c), (h) or (k) for the purpose of receiving care or treatment from a facility or program under s. 940.295(2)(b), (c), (h) or (k), from an employee of a facility or program under s. 940.295(2)(b), (c), (h) or (k), or from a person providing services under contract with a facility or program under s. 940.295(2)(b), (c), (h) or (k).
(ar) “Resident” means any person who resides in a facility under s. 940.295(2)(b), (c), (h) or (k).
(b) “Sexual contact” means any of the following:
1. Any of the following types of intentional touching, whether direct or through clothing, 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):
a. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.
b. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.
2. Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
3. For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.
(c) “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.
(d) “State treatment facility” has the meaning designated in s. 51.01(15).
(6) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
(7) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.
944.05. Bigamy
(1) Whoever does any of the following is guilty of a Class I felony:
(a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or
(b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or
(c) Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he or she married had not been dissolved.
(2) In this section “cohabit” means to live together under the representation or appearance of being married.
944.06. Incest
Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01(6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.
944.15. Public fornication
(1) In this section, “in public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse.
(2) Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.
944.16. Adultery
Whoever does either of the following is guilty of a Class I felony:
(1) A married person who has sexual intercourse with a person not the married person's spouse; or
(2) A person who has sexual intercourse with a person who is married to another.
944.17. Sexual gratification
(1) In this section, “in public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another.
(c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.
(d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.
(3) Subsection (2) does not apply to a mother's breast-feeding of her child.
944.20. Lewd and lascivious behavior
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
(b) Publicly and indecently exposes genitals or pubic area.
(2) Subsection (1) does not apply to a mother's breast-feeding of her child.
944.21. Obscene material or performance
(1) The legislature intends that the authority to prosecute violations of this section shall be used primarily to combat the obscenity industry and shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The legislature further intends that the enforcement of this section shall be consistent with the first amendment to the U.S. constitution, article I, section 3, of the Wisconsin constitution and the compelling state interest in protecting the free flow of ideas.
(2) In this section:
(a) “Community” means this state.
(am) “Exhibit” has the meaning given in s. 948.01(1d).
(b) “Internal revenue code” has the meaning specified in s. 71.01(6).
(c) “Obscene material” means a writing, picture, film, or other recording that:
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
(d) “Obscene performance” means a live exhibition before an audience which:
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
(dm) “Recording” has the meaning given in s. 948.01(3r).
(e) “Sexual conduct” means the commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
(f) “Wholesale transfer or distribution of obscene material” means any transfer for a valuable consideration of obscene material for purposes of resale or commercial distribution; or any distribution of obscene material for commercial exhibition. “Wholesale transfer or distribution of obscene material” does not require transfer of title to the obscene material to the purchaser, distributee or exhibitor.
(3) Whoever does any of the following with knowledge of the character and content of the material or performance and for commercial purposes is subject to the penalties under sub. (5):
(a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.
(b) Produces or performs in any obscene performance.
(c) Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.
(4) Whoever does any of the following with knowledge of the character and content of the material is subject to the penalties under sub. (5):
(a) Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.
(b) Has in his or her possession with intent to distribute, exhibit, or play to a person under the age of 18 years any obscene material.
(5)(a) Except as provided under pars. (b) to (e), any person violating sub. (3) or (4) is subject to a Class A forfeiture.
(b) If the person violating sub. (3) or (4) has one prior conviction under this section, the person is guilty of a Class A misdemeanor.
(c) If the person violating sub. (3) or (4) has 2 or more prior convictions under this section, the person is guilty of a Class H felony.
(d) Prior convictions under pars. (b) and (c) apply only to offenses occurring on or after June 17, 1988.
(e) Regardless of the number of prior convictions, if the violation under sub. (3) or (4) is for a wholesale transfer or distribution of obscene material, the person is guilty of a Class H felony.
(5m) A contract printer or employee or agent of a contract printer is not subject to prosecution for a violation of sub. (3) regarding the printing of material that is not subject to the contract printer's editorial review or control.
(6) Each day a violation under sub. (3) or (4) continues constitutes a separate violation under this section.
(7) A district attorney may submit a case for review under s. 165.25(3m). No civil or criminal proceeding under this section may be commenced against any person for a violation of sub. (3) or (4) unless the attorney general determines under s. 165.25(3m) that the proceeding may be commenced.
(8) (a) The legislature finds that the libraries and educational institutions under par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.
(b) No person who is an employee, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employee, a member of the board of directors or a trustee:
1. A public elementary or secondary school.
2. A private school, as defined in s. 115.001(3r), or a tribal school, as defined in s. 115.001(15m).
3. Any school offering vocational, technical or adult education that:
a. Is a technical college, is a school approved by the educational approval board under s. 38.50, or is a school described in s. 38.50(1)(e)6., 7. or 8.; and
b. Is exempt from taxation under section 501(c)(3) of the internal revenue code.
4. Any institution of higher education that is accredited, as described in s. 39.30(1)(d), and is exempt from taxation under section 501(c)(3) of the internal revenue code.
5. A library that receives funding from any unit of government.
(9) In determining whether material is obscene under sub. (2)(c) 1. and 3., a judge or jury shall examine individual pictures, recordings of images, or passages in the context of the work in which they appear.
(10) The provisions of this section, including the provisions of sub. (8), are severable, as provided in s. 990.001(11).
944.23. Making lewd, obscene or indecent drawings
Whoever makes any lewd, obscene or indecent drawing or writing in public or in a public place is guilty of a Class C misdemeanor.
944.25. Sending obscene or sexually explicit electronic messages
(1) In this section:
(a) “Electronic mail solicitation” means an electronic mail message, including any attached program or document, that is sent for the purpose of encouraging a person to purchase property, goods, or services.
(b) “Obscene material” has the meaning given in s. 944.21(2)(c).
(c) “Sexually explicit conduct” has the meaning given in s. 948.01(7).
(2) Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words “ADULT ADVERTISEMENT” in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.
944.30. Prostitution
Any person who intentionally does any of the following is guilty of a Class A misdemeanor:
(1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.
(2) Commits or offers to commit or requests to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for anything of value.
(3) Is an inmate of a place of prostitution.
(4) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value.
(5) Commits or offers to commit or requests to commit an act of sexual contact for anything of value.
944.31. Patronizing prostitutes
Any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute is guilty of a Class A misdemeanor.
944.32. Soliciting prostitutes
Except as provided under s. 948.08, whoever intentionally solicits or causes any person to practice prostitution or establishes any person in a place of prostitution is guilty of a Class H felony.
944.33. Pandering
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Solicits another to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a person the solicitor knows is a prostitute; or
(b) With intent to facilitate another in having nonmarital intercourse or committing an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute, directs or transports the person to a prostitute or directs or transports a prostitute to the person.
(2) If the person received compensation from the earnings of the prostitute, such person is guilty of a Class F felony.
(3) In a prosecution under this section, it is competent for the state to prove other similar acts by the accused for the purpose of showing the accused's intent and disposition.
944.34. Keeping place of prostitution
Whoever intentionally does any of the following is guilty of a Class H felony:
(1) Keeps a place of prostitution; or
(2) Grants the use or allows the continued use of a place as a place of prostitution.
Summary of Wisconsin Sex Offenses Involving Children
In this chapter, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction:
(1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.
(1d) “Exhibit,” with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
(1g) “Joint legal custody” has the meaning given in s. 767.001(1s).
(1r) “Legal custody” has the meaning given in s. 767.001(2).
(2) “Mental harm” means substantial harm to a child's psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior. “Mental harm” may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.
(3) “Person responsible for the child's welfare” includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.
(3) “Person responsible for the child's welfare” includes the child's parent; stepparent; guardian; foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.
(3m) “Physical placement” has the meaning given in s. 767.001(5).
(3r) “Recording” includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
(4) “Sadomasochistic abuse” means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
(5) “Sexual contact” means any of the following:
(a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant:
1. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.
2. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.
(b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
(c) For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.
(6) “Sexual intercourse” means vulvar penetration 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.
(7) “Sexually explicit conduct” means actual or simulated:
(a) Sexual intercourse, meaning vulvar penetration 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 a person or upon the person's instruction. The emission of semen is not required;
(b) Bestiality;
(c) Masturbation;
(d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or
(e) Lewd exhibition of intimate parts.
948.02. Sexual assault of a child
(1) First degree sexual assault. (am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.
(b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.
(c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.
(d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.
(e) Whoever has sexual contact 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 C felony.
(3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F 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.
(4) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
(5) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.
948.025. Engaging in repeated acts of sexual assault of the same child
(1) Whoever commits 3 or more violations under s. 948.02(1) or (2) within a specified period of time involving the same child is guilty of:
(a) A Class A felony if at least 3 of the violations were violations of s. 948.02(1)(am).
(b) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), or (c).
(c) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), (c), or (d).
(d) A Class B felony if at least 3 of the violations were violations of s. 948.02(1).
(e) A Class C felony if at least 3 of the violations were violations of s. 948.02(1) or (2).
(2)(a) If an action under sub. (1)(a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am) occurred within the specified period of time but need not agree on which acts constitute the requisite number.
(b) If an action under sub. (1)(b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), or (c) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), or (c).
(c) If an action under sub. (1)(c) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), (c), or (d) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), (c), or (d).
(d) If an action under sub. (1)(d) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.
(e) If an action under sub. (1)(e) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) or (2) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1) or (2).
(3) The state may not charge in the same action a defendant with a violation of this section and with a violation involving the same child under s. 948.02 or 948.10, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.
948.05. Sexual exploitation of a child
(1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub. (2p):
(a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.
(b) Records or displays in any way a child engaged in sexually explicit conduct.
(1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
(2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1)(a) or (b) or (1m) may be penalized under sub. (2p).
(2p)(a) Except as provided in par. (b), a person who violates sub. (1), (1m), or (2) is guilty of a Class C felony.
(b) A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.
(3) It is an affirmative defense to prosecution for violation of sub. (1)(a) or (b) or (2) if the defendant had reasonable cause to believe that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
948.051. Trafficking of a child
(1) Whoever knowingly recruits, entices, provides, obtains, or harbors, or knowingly attempts to recruit, entice, provide, obtain, or harbor, any child for the purpose of commercial sex acts, as defined in s. 940.302(1)(a), or sexually explicit performance is guilty of a Class C felony.
(2) Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub. (1).
(3) Any person who incurs an injury or death as a result of a violation of sub. (1) or (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.
948.055. Causing a child to view or listen to sexual activity
(1) Whoever intentionally causes a child who has not attained 18 years of age to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child.
(2) Whoever violates sub. (1) is guilty of:
(a) A Class F felony if the child has not attained the age of 13 years.
(b) A Class H felony if the child has attained the age of 13 years but has not attained the age of 18 years.
948.06. Incest with a child
Whoever does any of the following is guilty of a Class C felony:
(1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.
(1m) Has sexual contact or sexual intercourse with a child if the actor is the child's stepparent.
(2) Is a person responsible for the child's welfare and:
(a) Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child's stepparent has had or intends to have sexual intercourse or sexual contact with the child;
(b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;
(c) Fails to take that action; and
(d) 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.
948.07. Child enticement
Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class D felony:
(1) Having sexual contact or sexual intercourse with the child in violation of s. 948.02, 948.085, or 948.095.
(2) Causing the child to engage in prostitution.
(3) Exposing a sex organ to the child or causing the child to expose a sex organ in violation of s. 948.10.
(4) Recording the child engaging in sexually explicit conduct.
(5) Causing bodily or mental harm to the child.
(6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 961.
948.075. Use of a computer to facilitate a child sex crime
(1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02(1) or (2) is guilty of a Class C felony.
(2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.
(3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1r) shall be necessary to prove that intent.
948.08. Soliciting a child for prostitution
Whoever intentionally solicits or causes any child to engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.
948.085. Sexual assault of a child placed in substitute care
Whoever does any of the following is guilty of a Class C felony:
(1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.
(1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent .
(2) Has sexual contact or sexual intercourse with a child who is placed in any of the following facilities if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it:
(a) A shelter care facility licensed under s. 48.66(1)(a).
(b) A group home licensed under s. 48.625 or 48.66(1).
(c) A facility described in s. 940.295(2)(m).
948.09. Sexual intercourse with a child age 16 or older
Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.
948.095. Sexual assault of a child by a school staff person or a person who works or volunteers with children
(1) In this section:
(a) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001(15m).
(b) “School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.
(2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class H felony if all of the following apply:
(a) The child is enrolled as a student in a school or a school district.
(b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.
(3)(a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person's spouse, and with whom the person works or interacts through that occupation or volunteer position.
(b) Whoever violates par. (a) is guilty of a Class H felony.
(c) Paragraph (a) does not apply to an offense to which sub. (2) applies.
(d) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:
1. Teaching children.
2. Child care.
3. Youth counseling.
4. Youth organization.
5. Coaching children.
6. Parks or playground recreation.
7. School bus driving.
948.10. Exposing genitals or pubic area
(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of the following:
(a) Except as provided in par. (b), a Class I felony.
(b) A Class A misdemeanor if any of the following applies:
1. The actor is a child when the violation occurs.
2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.
(2) Subsection (1) does not apply under any of the following circumstances:
(a) The child is the defendant's spouse.
(b) A mother's breast-feeding of her child.
948.11. Exposing a child to harmful material or harmful descriptions or narrations
(1) Definitions. In this section:
(ag) “Harmful description or narrative account” means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.
(ar) “Harmful material” means:
1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or
2. Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
(b) “Harmful to children” means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:
1. Predominantly appeals to the prurient, shameful or morbid interest of children;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and
3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.
(d) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
(e) “Person” means any individual, partnership, firm, association, corporation or other legal entity.
(f) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(2) Criminal penalties. (a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.
(am) Any person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the communication.
(b) Whoever, with knowledge of the character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, play, distribute, or loan the material to a child is guilty of a Class A misdemeanor if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child.
(c) It is an affirmative defense to a prosecution for a violation of pars. (a)2., (am)2., and (b)2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
(3) Extradition. If any person is convicted under sub. (2) and cannot be found in this state, the governor or any person performing the functions of governor by authority of the law shall, unless the convicted person has appealed from the judgment of contempt or conviction and the appeal has not been finally determined, demand his or her extradition from the executive authority of the state in which the person is found.
(4) Libraries and educational institutions. (a) The legislature finds that the libraries and educational institutions under par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.
(b) No person who is an employee, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employee, a member of the board of directors or a trustee:
1. A public elementary or secondary school.
2. A private school, as defined in s. 115.001(3r), or a tribal school, as defined in s. 115.001(15m).
3. Any school offering vocational, technical or adult education that:
a. Is a technical college, is a school approved by the educational approval board under s. 38.50, or is a school described in s. 38.50(1)(e)6., 7. or 8.; and
b. Is exempt from taxation under section 501(c)(3) of the internal revenue code, as defined in s. 71.01(6).
4. Any institution of higher education that is accredited, as described in s. 39.30(1)(d), and is exempt from taxation under section 501(c)(3) of the internal revenue code, as defined in s. 71.01(6).
5. A library that receives funding from any unit of government.
(5) Severability. The provisions of this section, including the provisions of sub. (4), are severable, as provided in s. 990.001(11).
948.12. Possession of child pornography
(1m) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances may be penalized under sub. (3):
(a) The person knows that he or she possesses the material.
(b) The person knows the character and content of the sexually explicit conduct in the material.
(c) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.
(2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3):
(a) The person knows that he or she has exhibited or played the recording.
(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.
(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.
(3)(a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.
(b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.
948.13. Child sex offender working with children
(1) In this section, “serious child sex offense” means any of the following:
(a) A crime under s. 940.22(2) or 940.225(2)(c) or (cm), if the victim is under 18 years of age at the time of the offense, a crime under s. 940.302(2) if s. 940.302(2)(a)1. b. applies, or a crime under s. 948.02(1) or (2), 948.025(1), 948.05(1) or (1m), 948.051, 948.06, 948.07(1), (2), (3), or (4), 948.075, or 948.085.
(b) A crime under federal law or the law of any other state or, prior to May 7, 1996, under the law of this state that is comparable to a crime specified in par. (a).
(2)(a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class F felony.
(b) If all of the following apply, the prohibition under par. (a) does not apply to a person who has been convicted of a serious child sex offense until 90 days after the date on which the person receives actual written notice from a law enforcement agency, as defined in s. 165.77(1)(b), of the prohibition under par. (a):
1. The only serious child sex offense for which the person has been convicted is a crime under s. 948.02(2).
2. The person was convicted of the serious child sex offense before May 7, 2002.
3. The person is eligible to petition for an exemption from the prohibition under sub. (2m) because he or she meets the criteria specified in sub. (2m)(a)1. and 1m.
(c) The prohibition under par. (a) does not apply to a person who is exempt under a court order issued under sub. (2m).
(2m)(a) A person who has been convicted of a crime under s. 948.02(2), 948.025(1), or 948.085 may petition the court in which he or she was convicted to order that the person be exempt from sub. (2)(a) and permitted to engage in an occupation or participate in a volunteer position that requires the person to work or interact primarily and directly with children under 16 years of age. The court may grant a petition filed under this paragraph if the court finds that all of the following apply:
1. At the time of the commission of the crime under s. 948.02(2), 948.025(1), or 948.085 the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child with whom the person had sexual contact or sexual intercourse.
1m. The child with whom the person had sexual contact or sexual intercourse had attained the age of 13 but had not attained the age of 16.
2. It is not necessary, in the interest of public protection, to require the person to comply with sub. (2)(a).
(b) A person filing a petition under par. (a) shall send a copy of the petition to the district attorney who prosecuted the person. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's petition to inform the victim of his or her right to make or provide a statement under par. (d).
(c) A court may hold a hearing on a petition filed under par. (a) and the district attorney who prosecuted the person may appear at the hearing. Any hearing that a court decides to hold under this paragraph shall be held no later than 30 days after the petition is filed if the petition specifies that the person filing the petition is covered under sub. (2)(b), that he or she has received actual written notice from a law enforcement agency of the prohibition under sub. (2)(a), and that he or she is seeking an exemption under this subsection before the expiration of the 90-day period under sub. (2)(b).
(d) Before deciding a petition filed under par. (a), the court shall allow the victim of the crime that is the subject of the petition to make a statement in court at any hearing held on the petition or to submit a written statement to the court. A statement under this paragraph must be relevant to the issues specified in par. (a) 1., 1m. and 2.
(e)1. Before deciding a petition filed under par. (a), the court may request the person filing the petition to be examined by a physician, psychologist or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's petition without prejudice.
2. If a person is examined by a physician, psychologist or other expert under subd. 1., the physician, psychologist or other expert shall file a report of his or her examination with the court, and the court shall provide copies of the report to the person and, if he or she requests a copy, to the district attorney. The contents of the report shall be confidential until the physician, psychologist or other expert has testified at a hearing held under par. (c). The report shall contain an opinion regarding whether it would be in the interest of public protection to require the person to comply with sub. (2)(a) and the basis for that opinion.
3. A person who is examined by a physician, psychologist or other expert under subd. 1. is responsible for paying the cost of the services provided by the physician, psychologist or other expert, except that if the person is indigent the cost of the services provided by the physician, psychologist or other expert shall be paid by the county. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under s. 977.07 (1), except that the person shall be considered indigent without another determination under s. 977.07 (1) if the person is represented by the state public defender or by a private attorney appointed under s. 977.08.
(em) A court shall decide a petition no later than 45 days after the petition is filed if the petition specifies that the person filing the petition is covered under sub. (2)(b), that he or she has received actual written notice from a law enforcement agency of the prohibition under sub. (2)(a), and that he or she is seeking an exemption under this subsection before the expiration of the 90-day period under sub. (2)(b).
(f) The person who filed the petition under par. (a) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a)1., 1m. and 2. In deciding whether the person has satisfied the criterion specified in par. (a)2., the court may consider any of the following:
1. The ages, at the time of the violation, of the person who filed the petition and the victim of the crime that is the subject of the petition.
2. The relationship between the person who filed the petition and the victim of the crime that is the subject of the petition.
3. Whether the crime that is the subject of the petition resulted in bodily harm to the victim.
4. Whether the victim of the crime that is the subject of the petition suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
5. The probability that the person who filed the petition will commit other serious child sex offenses in the future.
6. The report of the examination conducted under par. (e).
7. Any other factor that the court determines may be relevant to the particular case.
(3) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age:
(a) Teaching children.
(b) Child care.
(c) Youth counseling.
(d) Youth organization.
(e) Coaching children.
(f) Parks or playground recreation .
(g) School bus driving.
948.14. Registered sex offender and photographing minors
1) Definitions. In this section:
(a) “Captures a representation” has the meaning given in s. 942.09(1)(a).
(b) “Minor” means an individual who is under 17 years of age.
(c) “Representation” has the meaning giving in s. 942.09(1)(c).
(d) “Sex offender” means a person who is required to register under s. 301.45.
(2) Prohibition. (a) A sex offender may not intentionally capture a representation of any minor without the written consent of the minor's parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.
(b) Paragraph (a) does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor's parent, legal custodian, or guardian.
(3) Penalty. Whoever violates sub. (2) is guilty of a Class I felony.
WISCONSIN SEX OFFENDER REGISTRATION
One of the most significance aspects of a sex offense charge in Wisconsin is the possibility of being required to comply with sex offender registration. Sex offender registration in Wisconsin is controlled by Wis. Stats., section 301.45. The full text of the law is set forth here. If you face a sex offense charge in Wisconsin it is well worth your while to read this statute. This is no substitute, however, for contacting an experienced sexual assault defense lawyer.
A conviction for any of the following offenses, or a conviction for solicitation, conspiracy or attempt to commit any of the following offenses, qualifies as a "sex offense" under the sex offender registry law:
Wis. Stat. sec. 940.22(2) - Sexual contact with patient or client by therapist
Wis. Stat. sec. 940.225(1) - First Degree Sexual Assault
Wis. Stat. sec. 940.225(2) - Second Degree Sexual Assault
Wis. Stat. sec. 940.225(3) - Third Degree Sexual Assault
Wis. Stat. sec. 944.06 - Incest
Wis. Stat. sec. 948.02(1) - First Degree Sexual Assault of a Child
Wis. Stat. sec. 948.02(2) - Second Degree Sexual Assault of a Child
Wis. Stat. sec. 948.025 - Repeated Acts of Sexual Assault of Same Child
Wis. Stat. sec. 948.05 - Sexual Exploitation of Child
Wis. Stat. sec. 948.055 - Causing Child to View of Listen to Sexual Activity
Wis. Stat. sec. 948.06 - Incest with Child
Wis. Stat. sec. 948.07 - Child Enticement
Wis. Stat. sec. 948.075 - Use of a Computer to Facilitate Child Sex Crime
Wis. Stat. sec. 948.08 - Soliciting a Child for Prostitution
Wis. Stat. sec. 948.085 - Sexual Assault of a Child Placed in Substitute Care
Wis. Stat. sec. 948.095 - Sexual Assault of a Child by School Staff or a Person Who Works of Volunteers with Children
Wis. Stat. sec. 948.11(2)(a) -
Wis. Stat. sec. 948.11(2)(am)
Wis. Stat. sec. 948.12 - Possession of Child Pornography
Wis. Stat. sec. 948.13 - Child Sex Offender Working with Children
Wis. Stat. sec. 948.30 - Abduction of Another Child
Wis. Stat. 940.30 (if the victim was a minor and the person who committed the offense was not the victim's parent) - False Imprisonment
Wis. Stat. 940.31 (if the victim was a minor and the person who committed the offense was not the victim's parent) - Kidnapping
Sexual Assault Defense Resources
Sexual Assault Nurse Examiner (SANE) Development & Operation Guide
SANE examinations are often integral evidence in a sexual assault case. Thus, understanding the SANE process, the information it can provide and its limitations is often essential to the defense of a sexual assault charge. This is a document prepared by the Sexual Assault Resource Service under a grant by the U.S. Department of Justice. DOJ asserts that the opinions, findings, conclusions or recommendations expressed in the document do not necessarily represent the official position or policies of the U. S. Department of Justice. In any event, the document provides information about and recommendations for SANE examinations and SANE programs.