WI · jury_instructions
Wis JI-Criminal 1200C
"Without Consent" - Competence to Give Informed Consent in Issue
CAUTION: THIS INSTRUCTION APPLIES ONLY TO SEXUAL ASSAULT
OFFENSES UNDER SECTION 940.225.
SUBSTITUTE THE FOLLOWING 1 FOR THE STANDARD DEFINITION OF
"WITHOUT CONSENT" WHEN THE VICTIM'S BEING "COMPETENT TO
GIVE INFORMED CONSENT" IS AN ISSUE IN THE CASE.
Meaning of "Did Not Consent" 2
"Did not consent" means that (name of victim) did not freely agree to have sexual
[contact] [intercourse] with the defendant or that (name of victim) was not competent to
give informed consent. In deciding whether (name of victim) did not consent, you should
consider what (name of victim) said and did, along with all the other facts and
circumstances. This element does not require that (name of victim) offered physical
resistance. 3
A person is not competent to give informed consent if that person does not have the
mental capacity to understand the nature and the consequence of having sexual (intercourse)
(contact). 4 The burden is on the State to satisfy you by proof beyond a reasonable doubt that
(name of victim) was not competent to give informed consent.
History
Wis JI-Criminal 1200C (2002). © 2002, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee 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
dbe0df644d745718d50c99a88d2ad224cae02cc7fbb1156cbe3fa5953e980373
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.