[Adopted 9-2-1999 by Ord. No. 99-20; amended in its entirety 1-8-2009]
The Menominee Tribal Legislature is empowered by the Menominee
Constitution and Bylaws to enact ordinances for the preservation of
tribal welfare, peace, and safety.
The prohibitions and penalties contained within this article
are intended to protect individuals, regardless of their age, from
nonconsensual sexual contact.
As used in this article, the following terms shall have the
meanings indicated:
Physical pain or injury, illness or any impairment of physical
condition.
Words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual contact or sexual intercourse. Consent is not an issue in alleged violations of § 290-52B(3), (4) and (6). The following persons are presumed incapable of consent, but the presumption may be rebutted by competent evidence:
Bodily injury which creates a substantial risk of death,
or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any
bodily member or organ or other serious bodily injury.
Has the meaning designated in § 51.01(10), Wis.
Stats.
Any person who receives care or treatment or arrives at a
facility or program to receive care or treatment from a facility or
program, including an adult family home, a community-based residential
facility, an inpatient health care facility or a state treatment facility.
Any person who resides in a facility, including an adult
family home, a community-based residential facility, an inpatient
health care facility or a state treatment facility.
Any of the following:
Intentional touching by the complainant or defendant, either directly or through clothing, by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under Article I, Assault and Battery, of this chapter.
Intentional penile ejaculation of ejaculate or intentional emission
of urine or feces by the defendant upon any part of the body, clothed
or unclothed, of the complainant, if that ejaculation or emission
is either for the purpose of sexually degrading or sexually humiliating
the complainant or for the purpose of sexually arousing or gratifying
the defendant.
Refers to vulvar penetration as well as cunnilingus, fellatio
or anal intercourse between persons or any other intrusion, however
slight, of any part of a person's body or of any object into
the genital or anal opening either by the defendant or upon the defendant's
instruction. The emission of semen is not required.
Has the meaning designated in § 51.01(15), Wis.
Stats.
A.
First
degree sexual assault. Whoever does any of the following is guilty
of the crime of first degree sexual assault:
(1)
Has sexual contact or sexual intercourse with another person, without
consent of that person, and causes pregnancy or great bodily harm
to that person.
(2)
Has sexual contact or sexual intercourse with another person, without
consent of that person, by use or threat of use of a dangerous weapon
or any article used or fashioned in a manner to lead the victim reasonably
to believe it to be a dangerous weapon.
(3)
Is aided or abetted by one or more other persons and has sexual contact
or sexual intercourse with another person, without consent of that
person, by use or threat of force or violence.
B.
Second
degree sexual assault. Whoever does any of the following is guilty
of the crime of second degree sexual assault:
(1)
Has sexual contact or sexual intercourse with another person without
consent of that person and causes pregnancy or bodily harm to that
person.
(2)
Has sexual contact or sexual intercourse with another person, without
the consent of that person, by use of force or threat of violence.
(3)
Has sexual contact or sexual intercourse with another person without
consent of that person and causes injury, illness, disease or impairment
of a sexual or reproductive organ or mental anguish requiring psychiatric
care for the victim.
(4)
Has sexual contact or sexual intercourse with a person who suffers
from a mental illness or deficiency which renders that person temporarily
or permanently incapable of appraising the person's conduct,
and the defendant knows of such condition.
(5)
Has sexual contact or sexual intercourse with a person who the defendant
knows is unconscious.
(6)
Is aided or abetted by one or more other persons and has sexual contact
or sexual intercourse with another person, without the consent of
that person.
(7)
Is an employee of a facility, including an adult family home, a community-based
residential facility, an inpatient health care facility or a state
treatment facility, and has sexual contact or sexual intercourse with
a person who is a patient or resident of the facility or program.
C.
Third
degree sexual assault. Whoever has sexual intercourse with a person
without the consent of that person is guilty of the crime of third
degree sexual assault.
D.
Fourth
degree sexual assault. Whoever has sexual contact with a person without
the consent of that person is guilty of the crime of fourth degree
sexual assault.
A defendant shall not be presumed to be incapable of violating
this article because of marriage to the complainant.
Upon request by a victim, the Court may order the following:
A.
To administer to a defendant, against whom an information or criminal
complaint is presented for a crime in which the perpetrator compels
the victim to engage in sexual activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the date on which the information
or criminal complaint is presented;
B.
As soon as practicable, notification to the victim, or parent and
guardian of the victim, and defendant of the testing results; and
C.
Follow-up tests for HIV as may be medically appropriate, and that,
as soon as practicable after each such test, the results be made available
to the victim, or parent and guardian of the victim, and the defendant.
A.
Upon conviction, the Court shall impose the following penalties:
(1)
First
degree sexual assault: a jail term of one year and a fine of $5,000.
(2)
Second
degree sexual assault: a jail term of not less than nine months nor
more than one year and a fine of not less than $3,000 nor more than
$5,000.
(3)
Third
degree sexual assault: a jail term of not less than six months nor
more than one year and a fine of not less than $2,500 nor more than
$5,000.
(4)
Fourth
degree sexual assault: a jail term of not less than three months nor
more than nine months and a fine of not less than $1,000 nor more
than $3,500.
B.
In addition to the penalties listed above, if a person is convicted
of a sexual assault crime under this article, the person shall be
required to complete a sex offender treatment program.
C.
If a victim of a sexual assault crime under this article seeks counseling
or mental health treatment, the entire uninsured costs of any such
counseling or mental health treatment related to the sexual assault
shall be the responsibility of the person convicted.
D.
The Court may, in its discretion, stay 1/2 of the jail term to a
period of probation with appropriate conditions; however, the convicted
defendant must actually serve 1/2 of the jail term before he or she
is eligible for probation.
Any person convicted of first, second, or third degree sexual assault under this article shall comply with all rules of Article XVI, Sex Offender Registration, of this chapter.
