WI · jury_instructions
Wis JI-Criminal 1200D
"Without Consent" - Complainant Suffering from Mental Illness
CAUTION: THIS INSTRUCTION APPLIES ONLY TO SEXUAL ASSAULT
OFFENSES UNDER SECTION 940.225.
ADD THE FOLLOWING 1 TO THE STANDARD DEFINITION OF "WITHOUT
CONSENT" IF THERE IS EVIDENCE THAT THE VICTIM WAS SUFFERING
FROM MENTAL ILLNESS OR DEFECT AT THE TIME OF THE ALLEGED
OFFENSE.
Effect of Mental Illness or Defect on Consent
There is evidence in this case that (name of victim) was suffering from a mental
(illness) (defect) at the time of the alleged offense.
If you find that (name of victim) was suffering from a mental (illness) (defect) which
impaired capacity to appraise personal conduct at the time of the alleged act of sexual
(intercourse) (contact), you may find from that fact alone that (name of victim) did not
consent, but you are not required to do so. You should not find that (name of victim) did
not consent unless you are so satisfied beyond a reasonable doubt from all the evidence. 2
History
Wis JI-Criminal 1200D (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
eeb33d585cddc2a76d9759e7d8ded272211dc8a41e3402a48289132459153c3d
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