Wis JI-Criminal 1201B

Statutory Definition of the Crime

First-degree sexual assault, as defined in § 940.225(1)(a) of the Criminal Code of

Wisconsin, is committed by one who has sexual intercourse with another person without

consent and causes great bodily harm to that person.

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant had sexual intercourse with (name of victim).

“Sexual intercourse” is defined as (insert the applicable definition set forth in

Wis JI–Criminal 1200B).1

2. (Name of victim) did not consent to the sexual intercourse.

3. The defendant caused great bodily harm to (name of victim).2

Meaning of Did Not Consent3

“Did not consent” means that (name of victim) did not freely agree to have sexual

intercourse with the defendant. 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.4

Meaning of Great Bodily Harm

“Great bodily harm” means serious bodily injury.5 [Injury which creates a substantial

risk of death, or which causes serious permanent disfigurement, or which causes a

permanent or protracted loss or impairment of the function of any bodily member or organ,

or other serious bodily injury is great bodily harm.]

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three elements of first-degree

sexual assault have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.