How Rape Is Charged in Wyoming
Wyo. Stat. § 6-2-302 says that rape is first-degree sexual assault in Wyoming. First-degree sexual assault happens when someone sexually assaults another person and makes them submit by using physical force or threats. This can happen when the victim is physically helpless and the defendant knew or should have known that, when the victim is mentally incapacitated, or in other situations that meet the criteria. The charge could lead to life in prison and a required registration as a sex offender.
Consent and the Defense Investigation
Consent is the main point in most rape cases, and to build a defense, you need to do a full, independent investigation. We look at the medical exam results, the physical evidence, any messages sent between the two people before and after the incident, the timeline of the report, and any inconsistencies in the accuser’s story. Digital evidence, such as text messages, social media messages, and location data, is often just as important as physical evidence in these cases.
False Accusations and Wrongful Prosecution
People do make false rape accusations. They happen when people are arguing about a relationship, after consensual encounters that people later regret, during divorce and custody cases, and when people are wrongly identified. We have defended clients who were falsely accused of rape and gotten not guilty verdicts in Wyoming courts. More than anything else, the thoroughness of the investigation and the quality of the trial preparation decide the outcome of these cases.
Penalty Grid
| First Degree Sexual Assault | Registration | Accusation Impact | Trial preparation |
| Up to life in prison | Lifetime | Immediate and severe | Critical |
Related Charges We Also Defend
Why Clients in Wyoming and South Dakota Choose Just Criminal Law
Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.
We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.
We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.
Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.
Real Results for Wyoming & South Dakota Clients
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OtherSuppression Appeal — Wyoming Supreme CourtDistrict Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.
Barney v. State of Wyoming — Wyoming Supreme Court
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CASE DISMISSEDReckless Endangering / Domestic Battery / Child Endangering — Wyoming
Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.
State v. Quezada-Lopez — Wyoming Circuit Court
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CASE DISMISSEDDUI / DWUI — Wyoming
Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.
State v. Von Olnhausen — Wyoming Circuit Court
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CASE DISMISSEDFelony Child Abuse — Wyoming
Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.
State v. Bullinger — Wyoming District Court
Charged with a crime in Wyoming? Time is critical.
The sooner you have an attorney, the more options you have.
What Clients Say About Just Criminal Law
Frequently asked questions about rape charges in Wyoming
Wyoming Criminal Defense — Communities We Serve
We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.
- Deadwood
- Sturgis (Rally)
- Custer County
- Lawrence County
- Meade County
- Pennington County
We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.
