VA · jury_instructions
Va. Model Jury Instr. Crim. No. 44.300
Rape—Complaining Witness Mentally Incapacitated or Physically Helpless
The defendant is charged with the crime of rape. The Commonwealth must prove beyond a
reasonable doubt each of the following elements of the crime:
(1) That the defendant had sexual intercourse with (name of person); and
(2) That at the time (name of person) was [mentally incapacitated; physically helpless]; and
(3) That at the time of the crime, the defendant knew or should have known (name of person) was
[mentally incapacitated; physically helpless]; and
(4) That the sexual intercourse was accomplished through the use of the complaining witness’s
[mental incapacity; physical helplessness].
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the above elements of the crime as charged, then you shall find the defendant guilty [but
you shall not fix the punishment until your verdict has been returned and further evidence has
been heard by you].
If you find that the Commonwealth has failed to prove beyond a reasonable doubt any one or
more of the elements of the crime, then you shall find the defendant not guilty.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
88594a0ca0f9e4dd42aeda180ecf87be758da0714bd13ec8bcf5c5449b1d1dac
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