Wis JI-Criminal 1205

Statutory Definition of the Crime

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

Wisconsin, is committed by one who without consent, has sexual contact with a person—

meaning contact undertaken with intent to (cause bodily harm to that person) (become

sexually aroused or gratified) (sexually degrade or humiliate that person)—and by use or

threat of force or violence, and is aided and abetted1 by one or more other persons.

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 five elements

were present.

Elements of the Crime That the State Must Prove

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

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

JI–Criminal 1200A).2

2. The defendant acted with intent to (become sexually aroused or gratified)

(sexually degrade or humiliate (name of victim)) (cause bodily harm to (name of

victim)).3

3. (Name of victim) did not consent to the sexual contact.

4. The defendant had sexual contact with (name of victim) by use or threat of force

or violence.4

The use or threat of force or violence may occur before or as part of the sexual

contact.5

SELECT THE ALTERNATIVES SUPPORTED BY THE EVIDENCE

[This element is satisfied if the use or threat of force or violence compelled

(name of victim) to submit.]6

[Use or threat of force or violence on one date can carry over to an alleged

sexual assault on a later date if the use or threat of force or violence continued to

weigh on (name of victim) and caused (him) (her) to cooperate out of fear for (his)

(her) safety.]7

[The phrase “by use of force” includes forcible sexual contact or force used as

the means of making sexual contact.]8

5. The defendant was aided and abetted by one or more other persons.9

Meaning of “Did Not Consent”10

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

contact 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.11

Meaning of “Aiding and Abetting”

The defendant was aided and abetted if another person knew that the defendant was

having or intended to have sexual contact without consent and either:

• provided assistance to the defendant; or,

• was willing to assist the defendant if needed and the defendant knew of the

willingness to assist.

Assistance may be provided by words, acts, encouragement, or support.12

ADD THE FOLLOWING IF RAISED BY THE EVIDENCE:13

[However, a person does not aid and abet if (he) (she) is only a bystander or spectator and

does nothing to assist or encourage the commission of a crime.]

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all five 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.