The case involved a 15-year-old co-worker Van Wyhe met while they both worked at a Taco Bell in Mukwonago.
The case also highlights two distinct issues raised by a teen’s employment: workplace rules for minors and the law governing the assault conviction. Neither should be treated as proof of the other. The Wisconsin Court System’s jury instruction for second-degree sexual assault of a child states that consent to sexual contact is not a defense. That general legal rule does not independently establish the facts of this case.
What youth-employment rules do—and don’t—establish
Wisconsin Department of Workforce Development guidance says most employers must have a valid work permit before allowing a 15-year-old to work. The department also says workers under 16 are subject to limits on work hours and the times of day they may work. Those statewide requirements provide context for a teen working in a restaurant, but the guidance does not establish whether Taco Bell or any other employer violated a rule in this case. DWD work-permit guidance and its guidance on minor work hours describe the general requirements.
According to The Freeman’s account of the criminal complaint, the sexual contact took place outside the restaurant on about six occasions over several weeks. The complaint said the two exchanged intimate photos and engaged in sexual touching, but not intercourse. The girl reportedly told investigators Van Wyhe did not threaten or pressure her. Those reported details do not change the general rule in the Wisconsin Court System’s jury instruction that consent is not a defense to this offense.
A Taco Bell spokeswoman told The Freeman the company does not tolerate the conduct.
