961.444 Person seeking assistance following sexual assault; immunity from prosecution.

363 words·~2 min read·/wi/chapter-961/961-444

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definition. In this section, “sexual assault” means conduct that is in violation of s. 940.22

(2), 940.225 , 940.302 , or 944.06 or a crime under ch. 948 that involves sexual contact or sexually explicit conduct.

(2)Immunity for aider. A person is immune from being charged or prosecuted for a misdemeanor violation of s. 961.41

(3g), 961.573 , or 961.69

(2)if all of the following apply:

(a)The person requested emergency assistance in connection with a sexual assault by calling the telephone number “911” or by other means, the person encountered a law enforcement officer at a medical facility at the time that the victim of the sexual assault received treatment in connection with the sexual assault, or the person reported or disclosed the sexual assault with the intent to obtain assistance for the sexual assault.

(b)The evidence for the charge or prosecution is obtained as a result of the person’s action described under par.

(a).

(c)The person provides a name and contact information and furnishes all requested information unless the person lacks capacity to cooperate.

(3)Immunity for victim. A victim of a sexual assault is immune from being charged or prosecuted for a misdemeanor violation of s. 961.41

(3g), 961.573 , or 961.69

(2)if all of the following apply:

(a)The victim reported or disclosed the sexual assault with the intent to obtain assistance for the sexual assault or was in need of assistance due to the sexual assault.

(b)The evidence for the charge or prosecution was obtained as a result of the victim’s action described under par.

(a).

(4)Prohibition on revocation. A person’s pretrial release, probation, extended supervision, parole, or supervised release may not be revoked based on an incident for which the person is immune from prosecution under sub.

(2)or

(3).

(5)Exception. This section does not apply to a person who reports or discloses an alleged sexual assault with an intention to claim the protections under this section knowing that the fact situation that he or she reports or discloses does not exist.