WI · jury_instructions
Wis JI-Criminal 1208A
Second-degree sexual assault: sexual intercourse without consent by use or threat of force or violence - 940.225(2)(a)
Statutory Definition of the Crime
Second-degree sexual assault, as defined in § 940.225(2)(a) of the Criminal Code of
Wisconsin, is committed by one who has sexual intercourse with another person without
consent and by use or threat of force or violence.
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 had sexual intercourse with (name of victim) by use or threat of
force or violence.2
The use or threat of force or violence may occur before or as part of the sexual
intercourse.3
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.]4
[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.]5
Meaning of “Did Not Consent”6
“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.7
Jury’s Decision
If you are satisfied beyond a reasonable doubt that all three elements of second-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.
History
Wis JI-Criminal 1208A (3/2026). Release No. 70. Wisconsin Court System, 3/2026. 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
06b3b69a83d53a0ab73ce3ba4484b8ae4c266e398fe2f9e9241e644e11ce4680
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