WI · jury_instructions
Wis JI-Criminal 1200G
Cautionary Instruction: Evidence of Victim's Prior Sexual Conduct
CHOOSE THE APPROPRIATE BRACKETED ALTERNATIVE[S].
EVIDENCE ADMITTED UNDER § 972.11(2)(b)11
[Evidence of prior sexual conduct between (name of victim) and the defendant has
been introduced. If you find that this conduct did occur, you should consider it only
(describe acceptable purpose).2 Do not consider it for any other purpose.]
EVIDENCE ADMITTED UNDER § 972.11(2)(b)23
[Evidence of prior sexual conduct on the part of (name of victim) has been introduced.
If you find that this conduct did occur, you should consider it only in determining the source
or origin of (semen) (pregnancy) (disease).4 Do not consider it for any other purpose.]
ADD THE FOLLOWING IF “WITHOUT CONSENT” IS AN ELEMENT OF
THE CRIME AND THE EVIDENCE RELATES TO CONDUCT WITH A
PERSON OTHER THAN THE DEFENDANT.5
[In particular, do not consider this evidence in determining whether (name of
victim) consented to the alleged sexual (contact) (intercourse).]
EVIDENCE ADMITTED UNDER § 972.11(2)(b)36
[Evidence of prior allegations of sexual assault made by (name of victim) has been
introduced. If you find that the allegations were made and were untruthful, consider them
only (describe acceptable purpose).7 Do not consider this evidence for any other purpose.]
EVIDENCE ADMITTED UNDER THE GENERAL, CONSTITUTIONALLY-
REQUIRED EXCEPTION8
[Evidence of prior sexual conduct on the part of (name of victim) has been introduced
in this case. If you find that this conduct did occur, you should consider it only (describe
acceptable purpose).9 Do not consider this evidence for any other purpose.]
History
Wis JI-Criminal 1200G (1/2023). Release No. 61. Wisconsin Court System, 1/2023. 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
db68b0b66bd0273736a93881fe6159e2a9af57752c23df9a0d79ab8926f9dc13
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