Del. P.J.I. Crim. No. 11.772(a)(2)f

RAPE IN THE SECOND DEGREE [PENETRATION

WITHOUT CONSENT AND WITH A PRINCIPAL-ACCOMPLICE RELATIONSHIP]

In order to find Defendant guilty of Rape in the Second Degree, you must

find the State has proved the following four (4) elements beyond a reasonable

doubt:

(1) Defendant engaged in sexual penetration with a person; (2)

Sexual penetration occurred without the person’s consent;

(3) There was a principal-accomplice relationship between Defendant and

another person[s]; and

(4) Defendant acted intentionally.

“Intentionally” means it was Defendant’s conscious objective or purpose to

sexually penetrate the person.

“Sexual penetration” means: (1) Defendant’s placement of any object inside

the person’s anus or vagina; or (2) Defendant’s placement of Defendant’s

genitalia or any sexual device inside the person’s mouth.

“Object” means any item, device, instrument, substance or any part of the

body. It does not mean a medical instrument used by a licensed medical doctor or

nurse for the purpose of diagnosis or treatment.

A principal-accomplice relationship exists when, with the intent to promote

or facilitate the commission of a crime, a person solicits, requests, commands,

importunes or otherwise attempts to cause another person to commit the crime; or

aids, counsels or agrees or attempts aid another person in planning or committing

the crime.

“Without consent” means Defendant compelled the person to submit by an

act of coercion, force or gesture, by threat of death, physical injury, pain or

kidnapping against the person or a third party; or by any other means which would

compel a reasonable person under the circumstances to submit. There is no

requirement that the person resist such force or threat to the utmost, or to resist if

resistance would be futile or foolhardy. The person is required to resist only to the

extent reasonably necessary to make the person’s resistance known to Defendant.

[Supplement definition as needed pursuant to § 761(j)].