Could my son be labeled as a sex offender?

Full question:

What is my son facing, he is 19 years old, former girlfriend which just turned 17 had a child 2 months ago. He has 2 court dates coming up, one is because she is a minor, the 2nd for child support. Could he be labeled as a sex offender? What would happen if they did get married?

Category: Criminal
Date: 04/07/2025
State: Wisconsin

Answer:

The following is a WI statute. Marital status is only relevant at the time of the offense for purposes of the below statute:

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the legal consequences of a relationship with a minor in Wisconsin?

In Wisconsin, engaging in sexual intercourse with a minor who is 16 or older can lead to serious legal consequences. If the minor is not the defendant's spouse, it is classified as a Class A misdemeanor under Wis. Stat. § 948.09. This means that even if the minor is close in age, the law still treats the situation seriously due to the age difference. Legal advice from a qualified attorney is essential for understanding the specific implications of such relationships.

Can a 19-year-old marry a 17-year-old in Wisconsin?

In Wisconsin, individuals who are 17 years old can marry with parental consent. However, if the 17-year-old is involved in a legal case related to a relationship with a 19-year-old, the marriage may not eliminate any legal issues stemming from that relationship. It's important to consult with a legal expert to understand the implications of marriage in this context.

What happens if a minor has a child with an adult?

If a minor has a child with an adult, the adult may face legal repercussions, especially if the relationship involved sexual activity that is considered illegal under state law. In Wisconsin, this could lead to charges related to statutory rape or similar offenses. Additionally, the adult may also have to deal with child support obligations. Legal guidance is crucial in navigating these complex issues.

What is the age of consent in Wisconsin?

The age of consent in Wisconsin is 18 years old. This means that individuals under 18 cannot legally consent to sexual activity. Engaging in sexual acts with someone below this age can lead to serious legal consequences for the older individual, including potential charges of statutory rape. Always seek legal advice for specific situations.