Wis JI-Children 218D

The petition in this case alleges that (child) has been the victim of abuse. Your role as

jurors will be to answer the following question in the special verdict:

1. Was (child) the victim of abuse?

The burden is on (petitioner) to convince you by evidence that is clear, satisfactory,

and convincing, to a reasonable certainty, that the question should be answered "yes."

In this case, (child) has been abused if someone has (caused the child to expose

genitals or pubic area) (exposed genitals or pubic area to (child)) for the purpose of the

person's sexual arousal or sexual gratification.

The burden is on (petitioner) to establish that the following three elements were

present:

First, that someone [caused (child) to expose (genitals) (pubic area)] [exhibited to

view (his) (her) (genitals) (pubic area) to (child)].

Second, the person [caused the exposure by (child)] [exposed (genitals) (pubic area)]

for the purpose of sexual arousal or sexual gratification.

Third, that (child) had not attained the age of 18 years. 1

The petitioner is not required to prove that an alleged abuser had knowledge of

(child)'s age, and any mistake regarding (child)'s age is not a defense. Similarly, consent is

not an issue, and any consent by (child) is not a defense.

While the burden is on (petitioner) to establish that abuse occurred, (petitioner) need

not prove who caused the abuse.

If you are convinced by evidence that is clear, satisfactory, and convincing, to a

reasonable certainty, that (child) was the victim of abuse, you should answer the question in

the special verdict "yes." If you are not so convinced, you must answer the question "no."

SPECIAL VERDICT

1. Was (child) the victim of abuse?

Answer:__________________

Yes or No