Conn. Crim. Jury Instr. 7.1-4

The defendant is charged [in count__] with sexual assault in the first degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of sexual assault in the first degree when such person engages in

sexual intercourse with another person and such other person is mentally

incapacitated to the extent that such other person is unable to consent to such sexual

intercourse.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Sexual intercourse

The first element is that the defendant engaged in sexual intercourse with the complainant.

“Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or cunnilingus between

persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal

intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration,

however, is not required for the commission of cunnilingus. Penetration may be committed by

an object manipulated by the actor into the genital or anal opening of the complainant’s body.

Element 2 - With mentally incapacitated person

The second element is that the complainant was mentally incapacitated at the time of the sexual

intercourse to the extent that (he/she) was unable to consent to the sexual intercourse.

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or

controlling such person’s conduct owing to the influence of a drug or intoxicating substance

administered to such person without such person’s consent, or owing to any other act committed

upon such person without such person’s consent.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant engaged in

sexual intercourse with the complainant, and 2) at the time of the sexual intercourse the

complainant was mentally incapacitated and unable to consent to the intercourse.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of sexual assault in the first degree, then you shall find the defendant guilty. On the

other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt

any of the elements, you shall then find the defendant not guilty.