WI · jury_instructions
Wis JI-Criminal 1218A
Third Degree Sexual Assault: Sexual Intercourse Without Consent
Statutory Definition of the Crime
Third degree sexual assault, as defined in § 940.225(3)(a) of the Criminal Code of
Wisconsin, is committed by one who has sexual intercourse with another person without
consent.
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 two elements were
present.
Elements of the Crime That the State Must Prove
1. The defendant had sexual intercourse with (name of victim).
2. (Name of victim) did not consent to the sexual intercourse.
Meaning of "Sexual Intercourse"
"Sexual intercourse" means any intrusion, however slight, of any part of a person's body
or of any object, into the genital or anal opening of another. Emission of semen is not
required. 1
Meaning of "Did Not Consent" 2
"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 [he] [she] said and did, along with all the other facts and circumstances.
This element does not require that (name of victim) offered physical resistance. 3
Jury's Decision
If you are satisfied beyond a reasonable doubt that both elements of third 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 1218A (2018). Release No. 56, 7/2018. © 2018, 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
fc5160eb38b7c066b189a2024b400a6839745cb5cd77f3fd134d4d00f5a2b2ac
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