Ala. Pattern Jury Instr. (Criminal) 13A-6-62(A)(2)

Rape Second Degree

(Mentally Defective)

The defendant is charged with rape in the second degree.

A person commits the crime of rape in the second degree if he/she engag es in

sexual intercourse with a member of the opposite sex who is incapable of consent by

reason of being mentally defective.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant engaged in sexual intercourse with [Insert Victim's name];

(2) The defendant and [Insert Victim's name] were members of the opposite

sex;

(3) [Insert Victim's name] was mentally defective; (AND)

(4) The defendant acted [Insert appropriate mens rea element - See Use

Note].

Sexual intercourse has its ordinary meaning and occurs upon any penetration,

however slight; emission is not required. [13A-6-60(1)]

Mentally defective means that a person suffers from a mental dise ase or defect

which renders him/her incapable of appraising the nature of his/her conduct. [13A -6-

60(5)]

Consent is no defense to a prosecution for this offense. [13A-6-70(c)(2)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of rape in the second degree, then you shall find the

defendant guilty of rape in the second degree.

If you find that the State has failed to prove any one or more of the elements of the

offense of rape in the second degree, then you cannot find the defendant guilty of rape in

the second degree.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]