Off-Duty Wis. Officer Killed in Double Murder
A suspect could be charged Monday in the fatal shooting of two people outside a Jefferson County bar.
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#1 Dec 8, 2009
From all appearances, the PERP, a female police officer, knowingly committed fourth degree sexual assault on the VICTIM and others, then when told by the VICTIM that he wasn't going to be VICTIMIZED again, the "perp" and her accomplice attempted a physical assault and battery that is most likely another criminal offense of witness intimidation.
As far as I can tell, the shooter shouldn't be on trial for killing in self defense, he should be tried for illegally carrying a concealed weapon, a Class A misdemeanor.
Wisconsin criminal statutes 940.225 categorize sexual assaults include four "degrees" of offenses which may occur under a variety of circumstances. The Degrees are based upon the amount of force used by the assailant and the amount of harm done to the victim, rather than on the resistance offered by the victim. First, second and third degree sexual assaults are felonies whereas a fourth degree sexual assault is a misdemeanor.
Sexual Assault is not limited to rape which requires sexual intercourse or penetration but also includes sexual contact. Even consensual sexual contact may result in criminal charges if the victim is a minor. It can also occur between persons of the same sex.
Under Wisconsin law the penalties for sexual assault are severe and include incarceration, significant fines, as well as potential psychiatric treatment and the payment of restitution to victim.
Fourth Degree Sexual Assault (Class A misdemeanor)
Sexual contact with a person without the consent of that person or sexual intercourse with a person 16-18 years old.
Penalty for a class A misdemeanor includes a fine up to $10,000 and imprisonment not to exceed 9 months in the county jail under Wisconsin Statutes § 939.50(3)(bc)).
Wisconsin statutes go on to define some of the terms that are used as necessary elements of sexual assault crimes:
Consent: "Consent" means words or overt actions by a person indicating a freely given agreement to have sexual intercourse or sexual contact. Mental illness or mental deficiencies and people who are unconscious or physically unable to communicate are presumed incapable of consenting under the law. The presumption may be challenged as part of the criminal defense.
Sexual Contact: The law defines sexual contact as any intentional touching of the intimate parts of a person, either directly or through clothing, by any body part or by any object, if that intentional touching is for the purpose of sexually degrading or humiliating the victim, or for the sexual arousal or gratification of the assailant, or if the intentional touching contains the elements of actual or attempted battery.
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