CR27-211†††††††††††††††††† 12/08/22

 

SEXUAL ASSAULT (LACK OF CONSENT) -- 13 V.S.A. ß 3252(a)(1)

 

††††††††††† The State has charged (Def)_______________ with sexual assault, as follows:

††††††††††† [Read the charge.]

††††††††††† Every crime is made up of essential elements.Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.In this case, the essential elements are that on the date and at the place alleged,

(1)†††††† (Def)_______________;

(2)†††††† engaged in a sexual act with (victim)_______________;

(3)†††††† [he] [she] did so without (victim)_______________ís consent; and

(4)†††††† [he] [she] did so intentionally.

††††††††††† The first essential element is that (Def)_______________ is the person who committed the alleged acts.

††††††††††† The second essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________.

††††††††††† A sexual act means conduct between persons consisting of [contact between] [the penis and the vulva] [the penis and the anus] [the mouth and the penis] [the mouth and the vulva] [any intrusion, however slight, by any part of a personís body or any object into the genital or anal opening of another]. The word contact, as used in this charge, means a touching, however slight. [The word vulva means the external genital organs of the female, including the labia majora, labia minora, clitoris, and the entrance to the vagina.]†††††††

 

††††††††††† The third essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________ without (victim)_______________ís consent.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.]

††††††††††† The last essential element is that (Def)_______________ acted intentionally.[He] [She] must have acted purposely, and not inadvertently, because of mistake, or by accident.You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to engage in the sexual act with (victim)_______________ without [his] [her] consent.

††††††††††† A personís intent may be shown by the way in which the person expresses it to others, or by his or her conduct.In determining (Def)_______________ís intent, you should consider all of the surrounding facts and circumstances established by the evidence.

††††††††††† Here the State alleges that (Def)_______________ intentionally engaged in a sexual act with (victim)_______________ without [his] [her] consent, by (specific acts)_______________.

††††††††††† All of the essential elements of the offense must have been present at the same time.If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.