CR10-116 09/25/23

Definition of “consent” (context of sexual assault)

Consent means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time. [Lack of consent may be shown without proof of resistance.] [Submission resulting from the use of force, threat of force, or placing another person in fear is not consent.] [A sleeping or unconscious person cannot consent.]

            [(Victim)_______________ did not consent if (Def)_______________

knew or reasonably should have known that (victim)_______________ was incapable of consenting to the sexual act.]

            [(Victim)_______________ did not consent if (Def)_______________ knew or reasonably should have known that (victim)_______________ was unaware that a sexual act was being committed.]

            [(Victim)_______________ did not consent if (Def)_______________ knew or reasonably should have known that (victim)_______________ was incapable of consenting to the sexual act because (victim)_______________ was substantially impaired by alcohol, drugs, or other intoxicants.]

[Incapable of consenting means the person: is incapable of understanding the nature of the conduct at issue; is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue.]