University of Wisconsin Stout | Wisconsin's Polytechnic University

Laws Regarding Sexual Assault

Wisconsin Sexual Assault

Statute 940.225 Paraphrased

First Degree:
Sexual intercourse or sexual contact without consent:

• which causes pregnancy or great bodily harm or,
• accomplished by use or threat of use of a dangerous weapon or,
• while aided or abetted by one or more persons through the use or threat of force or violence.
  

Second Degree:
Sexual intercourse or sexual contact without consent:

• through the use or threat of force or violence, or
• which causes injury, 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 to be unconscious or mentally ill or mentally deficient, or
• sexual intercourse or sexual contact without consent while aided or abetted by one or more person, or
  

Third Degree:
Whoever has sexual contact involving ejaculation or sexual intercourse with a person without the consent of that person.

Fourth Degree:
Sexual contact with a person without the consent of that person or sexual intercourse with a person 16-18 years old.

Sexual Assault Definitions

Under Section 940.225(5)(b), 939.22(36) the following paraphrased definitions:

Sexual Intercourse- Cunnilingus, fellatio, vulvar penetration or anal sex 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 of another either by the offender or upon the offender's instruction. The emission of semen is not required.

Sexual Contact- Any of the following:

1. Intentional touching by the victim of the offender, either directly or through clothing by use of any body part or object, of the victim's or offender's intimate parts if that touching is for the purpose of sexually humiliating the victim or sexually arousing the offender or if the touching contains elements of actual or attempted battery under 940(19) (1) (bodily harm to another without consent).
2. Intentional penile ejaculation of semen or the intentional emission of urine or feces by an offender on any part of the body clothed or unclothed of the victim if that ejaculation or emission is for the purpose of sexually degrading or sexually humiliating the offender or for the purpose of sexually arousing or gratifying the offender.
3. Sexual intercourse-- Cunnilingus, fellatio, vulva penetration or anal sex 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 of another either by the offender or upon the offender's instruction. The emission of semen is not required.
   

What do I do if I have been sexually assaulted?

Survive the assault experience the best way you can. Only you know the best way to react to this act of violence. Follow your instincts and do whatever it takes to survive.

• Get to a safe place.
• Call 911 or (232-1283 for Menomonie Police or 232-2222 for Campus Police)
• Call the Bridge to Hope (235-9074) or Mayo Clinic Health System-Red Cedar (235-5531)
• Don't take a shower or comb your hair, you may destroy evidence.
• Preserve the clothes worn at the time of attack.
• If possible, do not go to the bathroom until after the examination.
• Get a medical exam (preferably from a Sexual Assault Nurse Examiner (S.A.N.E.) even if you don't think you want to press charges
• Inquire about tests for possible pregnancy, HIV/AIDS, and sexually transmitted diseases.
  

It is important to have a medical examination even if there are no apparent injuries or there has been a lapse in time since the assault. Consider seeing a sexual assault nurse examiner (S.A.N.E.) for your health assessment.

The Sexual Assault Nurse Examiner (S.A.N.E.) Program

The nurse examiner has had advanced preparation in collecting medical-legal evidence. She is sensitive to your need to take an active part in your care and recovery. She will not make you do anything you do not want to do and will support your need to regain control of your life. The exam can be done up to 72 hours after the assault and still produce evidence. The quickest way to access a S.A.N.E. is to go to the emergency department at Mayo Clinic Health System-Red Cedar in Menomonie (715) 235-5531. The exam may be covered by your health insurance provider or it is free if you are uninsured.

Note:If you are interested in only receiving the morning after pill or being tested for sexually transmitted diseases, please see a health care provider at the UW Stout Student Health Services (715) 232-1314 or a sexual assault nurse examiner (S.A.N.E.) (715) 235-5531.

A nurse will examine you in a sensitive, non-threatening manner and administer first aid gently. The nurse is trained to gather medical-legal evidence. The exam may be similar to a pap smear, depending upon the nature of the assault. Photographs may also need to be taken by the nurse as part of evidence gathering. You may stop the exam at any point you become uncomfortable. She will help you sort out what to do about the many concerns following rape, including threat of disease and pregnancy. The nurse will assist you in reviewing your options and will respect your decisions.

A nurse will help you contact an advocate if you choose and will help you find a safe place to go. She will help you develop a medical follow-up plan and will support you through phone calls as often as you request. If your case goes to court, the sexual assault nurse examiner may testify as a factual witness on your behalf.

The Advocate's Role

An advocate from the Bridge to Hope will be with you the entire time you go through the S.A.N.E. exam, if you would like. The advocate will offer you emotional support or whatever you may need to be comfortable, while the S.A.N.E. nurse will focus only on the exam. The advocate will then go over services, information on sexually transmitted diseases, and Crime Victim Compensation. After the exam is completed, the advocate will then take you wherever you need to go next, whether that is to speak with the police, home, or to a friend or family member's home. The advocate will then follow up with you in a couple of days to see how you are doing, answer any questions and see if there are any other services you may need.

Who can I report to if I have been sexually assaulted?

There are various options for reporting incidents of sexual assault, stalking or relationship violence. If you are considering taking action against the perpetrator, you have the option of reporting to both the police and the Dean of Students Office.

Confidentiality Assured-UW Stout Police

If you are a victim of a crime or a witness to a crime and do not want to pursue action with University Police or the Menomonie Police Department, you may still want to consider making an anonymous report of criminal activity. With your permission, either police department will file a report of the incident without revealing your identity. The purpose of an anonymous report is to allow for the police to follow up on your concern with strict confidentiality, while taking steps to ensure the future safety of yourself and others. With the information you submit, the police can more accurately reflect crime statistics and establish patterns of crime with regard to location and method of operation. In addition, it allows them to provide timely alerts and warnings to the campus community when warranted. Email the UW-Stout Police or leave a message at (715) 232-2222. You may also call the Menomonie Police at (715) 232-1283.

The UW Stout Police and Menomonie Police Department will not issue underage drinking citations to students reporting to have experienced sexual assault.

Reporting Sources

If you have experienced rape, stalking, relationship violence you can report the incident to any of the following agencies:

1. The Bridge to Hope
   (715) 235-9074
   1-800-924-9918
   Advocates at the Bridge to Hope are contracted with UW-Stout to provide students with support and information about the legal, medical, counseling, and disciplinary options on campus, in the community, at the hospital, when reporting to police, and in the court room. Advocacy services are free and confidential, and do not require you to make a report to police or campus officials. 
2. Campus Police
   (715) 232-2222 or 911
   110 University Services Building
   Any sexual assault, relationship violence, or stalking crime committed on campus property, regardless of whether or not the victim or the perpetrator is a student, staff or faculty member, should be reported to the University Police. Call the University Police if there is any question of where to make a report.
3. Menomonie Police Department
   (715) 232-1283 or 911
   Acts of sexual violence that occur off campus should be reported to Menomonie Police.
4. Dean of Students
   (715) 232-1181
   130 Bowman Hall
   The Dean of Students Office investigates students’ formal and informal complaints of sexual assault, relationship violence or stalking. The Dean of Students staff will ensure that you have the support and assistance you need and outline your options. 
5. Counseling Center
   (715) 232-2468
   410 Bowman Hall
   Counselors provide support and caring attention while you cope with the emotional response to your experience and seek to restore your sense of safety and personal control. Several staff counselors have specialized training in helping people cope with and recover from traumatic reactions that can accompany sexual violence victimization. 
6. Student Health Services
   (715) 232-1314
   103 1st Avenue West (N. Campus across from Wigen Hall)
   Physicians and Nurse Practitioners provide you with caring medical attention after sexual assault or domestic/dating violence including pregnancy and STD screening; medical examination and documentation of any injuries experienced and referral to other campus or community services.

What will happen to me if I report the incident?

You are in control of the reporting process. You can tell whomever you report to as much or as little information as you like. You may also have an advocate with you to support you through the reporting process and the medical exam, if you choose to receive one. You can stop the reporting process at any time. The police will likely encourage you to have a medical (S.A.N.E.) exam whether or not you've decide to pursue an arrest of the offender. If the assault happened within the last couple of days of reporting, there's a better chance of finding forensic evidence from the victim. The exam is to ensure your safety and to provide possible evidence for the police.

What will happen to the person who assaulted me?

The police or a Dean of Students staff person will conduct an interview with the accused in order to obtain his/her side of the story. If the police believe there is probable cause or a reason to believe that the person committed the assault, then the person will be arrested and charges will be filed. If the Dean of Students determines that the person committed the assault, appropriate disciplinary action will be taken.

What are the consequences for the person who assaulted me?

View Consequences for Sexual Assault Offenders for a review of the campus disciplinary process for violations to the student code of conduct.

Who will find out I have been sexually assaulted?

Any medical or counseling professional you speak with about your situation is obligated by law to keep the information confidential unless you are threatening to harm yourself or another person. You may sign a Consent for Release of Information form to have your information released from one agency to another. If you report to the Police or Dean of Students, complete confidentiality cannot be ensured due to the need to conduct a thorough investigation. However be assured that investigators are trained to be discrete and respectful of your needs.

How can I heal from this situation?

Each person heals from this experience in his/her own way and time. You may want to seek help from a professional counselor who is familiar with the aftermath of rape. Any counseling service you decide to receive will be kept confidential unless you give written permission to have information released to another party. You may find that you experience different emotions ranging from anger to a sense of calmness. Any feelings you experience are "normal" given your situation, as every individual reacts differently based on their past history, personality, and current circumstances. It is very important that you honor all of your feelings and that you do not blame yourself for the assault. Talking about what happened to you with people who are supportive and understanding can be very helpful. This is a way to begin the process of recovery.

Counselors at the Counseling Center are available to help student survivors of sexual assault. You can also navigate here for a list of off-campus 
Counseling Resources.

How Can I Help a Friend Who Has Been Raped?

• Listen. Be there. Don't be judgmental. 
• Encourage your friend to seriously consider reporting the rape to law enforcement authorities. A counselor or victim advocate can provide the information your friend will need to make this decision. 
• Be patient. Remember, it will take your friend some time to deal with the crime.
•  Let your friend know that professional help is available through the The Bridge to Hope. Encourage him or her to call the victim advocate (715-235-9074), but realize that only your friend can make the decision to get help.
  

Date Rape Drugs

Certain drugs, such as Rohypnol, GHB, and Ketamine, are sometimes called "Rape Drugs" because they can be used as a weapon in sexual assault crimes. When the drugs are hidden in a drink, they may be completely undetectable. Yet, they are powerful and dangerous. They can seriously harm or even kill you. When the drugs dissolve in the drink, they are colorless and odorless. Sometimes the drugs are also tasteless. The drugs can make you confused, weak, and/or unconscious.

Signs that you may have been drugged.

• Feeling a lot more intoxicated than your usual response to the amount of alcohol you consumed (take into account the amount of food you ate and how much you drank.)
• Waking up very hung over, feeling "fuzzy," experiencing memory lapse, and being unable to account for a period of time.
• Remembering taking a drink but being unable to recall what happened for a period of time after you consumed the drink.
• Feeling as though someone had sex with you, but being unable to remember any or the entire incident.
  

Not everyone is affected the same way.

It is difficult to predict the exact effects of any drug on a particular individual. The effects may vary depending upon the drug, the dose you ingest, and whether the drug is mixed with alcohol or other drugs. Other factors that influence how a particular drug will affect you are your weight, gender, metabolism, and other issues, such as how soon you receive medical assistance. If you believe you have been drugged, it is important to report the incident immediately to the police.

Faculty and Staff are often the first ones students come to with a report of sexual assault. The following flow-chart has been created to guide you through steps you can take to respond in an appropriate and effective way with survivors: Sexual Assault Response Protocol