What Happens When Someone Lies About Sexual Assault in Wisconsin?

 Posted on December 20, 2025 in Criminal Defense

In Wisconsin, an accusation of sexual assault alone can lead to arrest, no-contact orders, damage to your reputation, and long-term personal consequences even before charges are filed. In 2025, investigations can move fast and feel one-sided early on. If you have been falsely accused of sexual assault, contact a Racine County, WI sex crimes defense lawyer at Bucher Law Group, LLC as soon as you realize how fast these cases move.

How Are Sexual Assault Allegations Investigated in Wisconsin?

Sexual assault crimes in Wisconsin are defined under Wis. Stat. § 940.225. The law covers several degrees of sexual assault, depending on issues such as consent, force, age, and injury. Convictions can result in prison time, lengthy supervision, and mandatory sex offender registration. These consequences can affect employment, housing, and family relationships for life.

Police often act quickly once a report is made. Investigations may begin immediately, sometimes before all facts are known. From a defense perspective, this early stage is critical. Statements, evidence collection, and police procedures can shape the entire case.

Can Someone Be Charged for Making a False Sexual Assault Report in Wisconsin?

Wisconsin does not have a single statute called "false reporting of sexual assault." Instead, prosecutors may look to other laws depending on how and where the false statement was made. Possible charges may include:

 Wis. Stat. § 946.32 (False swearing): This applies when a person knowingly makes a false statement under oath or affirmation, such as in sworn testimony, an affidavit, or another formal legal setting.

• Wis. Stat. § 946.31 (Perjury): Perjury involves knowingly making a false material statement while under oath in an official proceeding. This charge is typically reserved for court testimony or similar formal proceedings.

• Wis. Stat. § 946.41 (Resisting or obstructing an officer): This statute may apply if a person knowingly gives false information to law enforcement in a way that actually interferes with or obstructs an officer’s official duties.

 Which statute, if any, applies depends on the facts of the case. Prosecutors must prove intent, and charges are not automatic simply because an accusation cannot be proven or is later withdrawn.

Possible Defenses to a False Sexual Assault Accusation

Possible defenses depend on the details of the case, but often include challenging the credibility of the accusation and the evidence supporting it. A defense may focus on inconsistencies between statements, especially when early reports differ from later versions. Digital evidence, such as text messages, social media activity, or phone location data, may also contradict the timeline or allegations.

Another common defense involves procedural issues. Police must follow specific rules when interviewing witnesses, collecting evidence, and handling statements. Errors in these steps can affect whether evidence is reliable or admissible.

In some cases, the defense centers on motive. False accusations sometimes arise during breakups, custody disputes, workplace conflicts, or situations involving fear of consequences. Showing why an accusation was made can be just as important as disproving what was claimed.

Common Red Flags in False Accusation Cases

While every case is unique, defense attorneys often see certain patterns in false allegation cases that raise credibility concerns during an investigation:

• Major changes in the story over time
• Text messages, videos, or location data that contradict the accusation
• Statements suggesting the report was made out of anger, jealousy, or fear
• Independent witnesses who dispute key facts

Talk to an experienced attorney about any red flags you see in your case.

Contact a Dodge County, WI Sexual Assault Defense Attorney

Attorney Bucher brings decades of experience to these cases, including twenty years as a District Attorney in Waukesha County. During that time, he handled serious violent crime cases and worked closely with law enforcement across Wisconsin. He was also elected twice to lead the Statewide District Attorneys Association and served on multiple statewide task forces focused on violent crimes.

That background provides valuable insight into how prosecutors evaluate evidence and credibility. If you are facing false allegations, call Bucher Law Group, LLC at 262-446-9222 to schedule your free consultation with our Racine County, WI sex crimes defense lawyer today.