Wis JI-Children 371A

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)?

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 1, a sexual assault occurs when [describe the elements of the

appropriate sexual assault statute; see the appropriate jury instruction from Wisconsin Jury

Instructions-Criminal for Wis. Stat. § 940.225(1), (2), or (3); § 948.02(1) or (2); or

§ 948.025.]

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)?

Answer:

Yes or No

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