WI · jury_instructions

Wis JI-Criminal 1200E

"Without Consent" - Complainant Unconscious

activein force · 2002-01-01 – presentas-observed

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

UNCONSCIOUS OR OTHERWISE UNABLE TO COMMUNICATE

UNWILLINGNESS TO AN ACT AT THE TIME OF THE ALLEGED OFFENSE.

Effect of Unconsciousness on Consent

There is evidence in this case that (name of victim) was (unconscious) (unable to

communicate unwillingness to an act) at the time of the alleged offense.

If you find that (name of victim) was (unconscious) (unable to communicate

unwillingness to an act) 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 1200E (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: e01575be7b9b755e4a22ad5aaee4c0bcaa97701ae3e2dbcdfdf78b596c3bf435

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