TEEN SEXUAL RIGHTS IN WISCONSIN

Even if you are under the age of 18, you have rights related to your sexual health. For a comprehensive look at sex and sexual rights in Wisconsin, visit SexEtc.org.

 HAVING SEX

• In Wisconsin, any person under age 18 is considered a minor
•  If an adult (18 or over) has sexual intercourse (see legal definition of sexual intercourse below) with a minor, it is against the law. Meaning, if caught by the police or reported to the police, they may face charges. (WI statutes 948.09 and 948.02)
•  If someone 18 or over has sex with someone 16 or 17 years old, it is a misdemeanor. (fines, court, on your record)
•  If someone 18 or over has sex with someone 13 to 15 years old, it is 2nd degree sexual assault, a felony. (fines, jail, prison, on your record as a sex offender)
•  If someone 18 or over has sex with someone less than 13 years old, it is 1st degree sexual assault, a felony. (fines, jail, prison, on your record as a sex offender)
•  “Sexual intercourse” defined by the law (WI statute 948.02) means vulvar penetration (penis in vagina) AS WELL AS cunnilingus (oral sex on a female), fellatio (blow job), or anal intercourse (penis in anus) between persons OR intrusion of any inanimate object into the genital or anal opening. The emission of semen (ejaculation) is not required.

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SEEING A DOCTOR CONFIDENTIALLY

Minors can see a doctor confidentially (privately) at most clinics for these services without parental consent:

• Screening and treatment of sexually transmitted infections
• Alcohol or other drug abuse

For pregnancy testing and birth control prescriptions specifically, a minor must go to a federally funded family planning clinic such as Planned Parenthood. (Title X, 42 C.F.R §59.5) In these clinics, all sexual health issues are confidential (kept private) unless the doctor has concern for abuse, child safety or exploitation, and then they would have to report it. (WI statute 48.981) If you are interested in either pregnancy testing or birth control, speak with your individual doctor to see if they provide these two services.

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CONTRACEPTION (BIRTH CONTROL)  

• Minors (anyone under the age of 18) can get birth control confidentially at federally funded clinics such as Planned Parenthood. Other clinics MIGHT prescribe birth control, but you will have to ask them if they do.
• Free birth control and family planning services is available for qualifying for men and women ages 15-44. Learn more.

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SEXUALLY TRANSMITTED INFECTIONS

• Minors (anyone 18 years old or younger) can be tested for and treated by a doctor for sexually transmitted infections without parent consent (WI statute 252.11)
• The exception is HIV testing: you must be at least 14 y/o to be tested without parent consent. If you are younger than 14, your parent needs to sign the consent form.
• Free STI testing is available for qualifying men and women ages 15-44. Learn more.

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ALCOHOL AND OTHER DRUG ABUSE

• Minors age 12 or older can see a health care provider for evaluation and treatment of abuse of alcohol or other drugs without parent consent or notification. (WI statute 51.47)
• Check out our drug and alcohol page to get help for you or a friend who needs help with drugs or alcohol

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TEEN MOTHER AND TEEN FATHER RIGHTS

• Teen Mom – makes all legal and major decisions for their child
• Teen Dad – only has decision making rights after paternity (proof of fatherhood) is established (proven); mom can put father’s name on birth certificate of baby or a petition for paternity is filed with blood tests following.

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