How To Prepare for Sexual Assault Charges

 Posted on August 04, 2026 in Criminal Defense

If you're facing sexual assault charges in Wisconsin, the first thing you should do is talk to a lawyer before you say or do anything else. These charges carry some of the harshest penalties in Wisconsin's criminal code. How you handle the first few days after an accusation can shape the entire outcome of your case.

If you've been accused of sexual assault in 2026, our Waukesha County, WI criminal defense lawyer can help you understand the charges against you. At Bucher Law Group, LLC, we’ll start protecting your rights right away.

What Should You Do Immediately After Being Accused of Sexual Assault?

The first 48 hours after an accusation often matter more than people realize. Police may already be building a case against you. They could be gathering statements and reviewing your phone records before you're ever formally charged.

Steps that can protect you during this early period include:

• Stop all contact with the accuser, even if you want to explain your side.
• Do not post about the situation on social media.
• Write down everything you remember about the incident while it's fresh.
• Avoid discussing the case with friends or family who might later be questioned.
• Contact a criminal defense lawyer before speaking to police again.

Staying quiet isn't the same as looking guilty. It's a legal right. This right protects you while your lawyer reviews the evidence against you.

Why Shouldn't You Talk to Police Without a Lawyer in Wisconsin?

Wisconsin police are trained to conduct interviews that get people talking. This happens even when it isn't in the person's best interest. Anything you say can be used against you later. This includes comments you make just to try to clear your name.

Investigators aren't required to tell you everything they already know. This means you could accidentally contradict evidence you haven't even seen yet.

Wisconsin law still allows police to question a suspect without a lawyer present. This changes only if the suspect clearly asks for one. If you're being questioned, asking for a lawyer stops the interview. This gives you time to prepare a real response instead of a rushed one.

What Are the Penalties for Sexual Assault in Wisconsin?

Wisconsin sexual assault charges fall under Wisconsin Statutes Section 940.225. This law separates offenses into first, second, and third degree sexual assault. The degree depends on factors like whether force or a weapon was used, or whether the victim was injured. Penalties range from a Class G felony, carrying up to 10 years in prison, to a Class B felony, carrying up to 60 years in prison.

A conviction can also require registration as a sex offender. This can affect where you're allowed to live and work for years after your sentence ends.

How Can You Build a Strong Defense Against Sexual Assault Charges?

A strong defense often depends on evidence the prosecution has to share with your attorney. This requirement comes from Wisconsin Statutes Section 971.23, which governs how evidence is disclosed in criminal cases. This can include text messages, medical records, witness statements, and anything that doesn't match up with the accuser's account.

Common defense strategies include challenging the reliability of witnesses' memories and pointing to evidence of consent. A defense lawyer may also look for gaps or contradictions in the timeline of events. A lawyer familiar with how local prosecutors typically build these cases can often spot weaknesses that aren't obvious to someone without courtroom experience.

What Happens During the Wisconsin Criminal Court Process for a Sexual Assault Charge?

After charges are filed, your case moves through several stages. These include an initial appearance, a preliminary hearing, and possibly a trial. Each stage gives your attorney a chance to challenge evidence. It also gives them room to negotiate with prosecutors or push for reduced charges when the facts support it. Knowing this process ahead of time can make it feel less overwhelming.

Contact Our Jefferson County, WI Sexual Assault Defense Attorney for a Free Consultation

Attorney Paul Bucher spent 20 years serving as the Waukesha County District Attorney before entering private practice. He was elected twice as President of the Statewide District Attorneys Association. He also served on dozens of statewide task forces addressing violent crime. Throughout his career, he has litigated some of the most high-profile and complicated criminal cases in Wisconsin.

Contact Bucher Law Group, LLC at 262-446-9222 to talk to our Waukesha County criminal defense lawyer today.