AL · jury_instructions
Ala. Pattern Jury Instr. (Criminal) 13A-6-70
Consent of Victim
CONSENT OF VICTIM
* [These instructions apply only to offenses found in Article IV of
Chapter 6 & committed on or after 09/01/2019]
It Is presumed that an element of every offense defined in Title 13A,
Chapter 6, Article 4 is that the sexual act was committed without the
consent of the victim. [13A-6-70(a)]
Lack of consent results from either:
a. Forcible compulsion; [OR]
b. Being incapable of consent. [13A-6-70(b)]
A person is deemed incapable of consent if he/she is either:
a. Less than 16 years old; [OR]
b. Incapacitated. [13A-6-70(c)]
[Read As Appropriate:] Consent to engage in sexual intercourse,
sodomy, sexual acts, or sexual contact may be communicated by words or
actions. The existence of a current or previous marital, dating, social, or
sexual relationship with the defendant is not sufficient to constitute consent.
Evidence that the victim suggested, requested, or otherwise communicated to
the defendant that the defendant use a condom or other birth control device
or sexually transmitted disease protection, without additional evidence of
consent, is not sufficient to constitute consent. [13A-6-70(d)]
History
[Approved 5-29-26]
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-10
- Edition
- 2026-09-10
- Content hash
deb04283eeae79d750c49c5c09dc370523eb79e54de02107044443285f944138
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