WI · jury_instructions
Wis JI-Children 371
Parenthood as a Result of a Sexual Assault (Where a Judgment of Conviction or Adjudication of Delinquency Exists)
Parenthood as a result of a sexual assault is a ground for termination of parental rights.
Your role as jurors will be to answer the following questions in the special verdict:
1. Did (respondent) sexually assault (child's mother)? Because there is [a final
judgment of conviction] [an adjudication of delinquency] indicating that (respondent)
sexually assaulted (child's mother) on (date), there is no dispute on this question and I
have answered the question.
If the answer to question 1 is "yes," answer question 2:
2. Did this sexual assault result in the conception of (child)?
In answering question 2, you should consider all the evidence regarding the possible
time of conception. Wisconsin law allows (petitioner) to prove that (respondent) is the parent
of (child) as a result of a sexual assault by proving that (respondent) sexually assaulted
(child)'s mother during a time (child) could have been conceived.
[Where evidence is presented that the child weighed 5 2 pounds or more at birth
give the following: If you find that (child) weighed 5 pounds, 8 ounces or more at birth,
(he) (she) is presumed to have been conceived within a time period extending from 240 to
300 days before birth. Therefore, you may find the conceptive period for (child) to have
been between the day of, 20, and the day of, 20, unless you
are persuaded to the contrary by other evidence.]
SPECIAL VERDICT
1. Did (respondent) sexually assault (child's mother)? Because there is [a final
judgment of conviction] [an adjudication of delinquency] indicating that (respondent)
sexually assaulted (child's mother) on (date), there is no dispute on this question and I
have answered the question.
Answer: Yes
If the answer to question 1 is "yes," answer question 2:
2. Did this sexual assault result in the conception of (child)?
Answer:
Yes or No
History
Wis JI-Children 371 (2011). ©2011, Regents, Univ. of Wis. Prepared by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
32e82061969bcabbe79b6d3964141c2fe7eb9e8c5df29b4c6241fcbc6e38a035
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