SEQ CHAPTER \h \r 1CR27-441 03/03/06

AGGRAVATED SEXUAL ASSAULT (PREVIOUS CONVICTION) - 13 V.S.A. 3253(a)(4)

 

[Explanation: The statute, 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault under 3253(a)(4), it is appropriate to bifurcate the trial.]

 

[The following is an introduction to the second phase of the bifurcated proceeding.]

 

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of sexual assault, I will now tell you about a second aspect to this case. The State has charged that (Def)_______________ has been previously convicted of [sexual assault] [aggravated sexual assault] [an offense that would have been sexual assault or aggravated sexual assault if it had been committed in the State of Vermont], and that the crime of sexual assault for which you have just found (Def)_______________ guilty is in fact a second or subsequent offense.

Accordingly, the State has alleged that (Def)_______________ was previously convicted of (previous conviction)_______________ on (date)_______________.

To this portion of the charge, (Def)_______________ has pled not guilty and puts the State to its proof on this part of the case.

 

 

 

 

 

 

 

[Closing jury instructions, following presentation of evidence, in the second phase of trial.]

Members of the jury:

Now that you have heard evidence on the second part of the case, it is time for you to deliberate over whether to find (Def)_______________ guilty or not guilty, under the rules I gave to you previously.

To establish (Def)_______________s guilt as a subsequent offender, the State must have proven beyond a reasonable doubt:

(1) that (Def)_______________ was previously convicted [in Vermont of sexual assault or aggravated sexual assault] [in another jurisdiction of an offense which would constitute sexual assault or aggravated sexual assault if the crime had been committed in this state].[1] You may consider any official records which have been introduced as evidence that [he] [she] was so convicted. You may also consider any other evidence as to the element of conviction.

(2) that the (Def)_______________ you see before you today is the same person who was previously convicted of the offense of sexual assault.

If you are persuaded beyond a reasonable doubt that the State has proven these essential elements, then you must return a verdict of guilty. If, however, you are not persuaded beyond a reasonable doubt that the State has proven the essential elements of being a subsequent offender, then you must return a verdict of not guilty.



[1] For further explanation to the jury of what this means, refer to the sexual assault instructions. The previous conviction must have been for sexual assault under 3252(a)(1) or 3252(a)(2), or for aggravated sexual assault under 3253, or for an equivalent offense from another jurisdiction.