Vermont Model Criminal Jury Instructions CR27-211

The State has charged (Def)_______________ with sexual assault, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) engaged in a sexual act with (victim)_______________;

(3) [he] [she] did so without (victim)_______________’s consent; and

(4) [he] [she] did so intentionally.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________.

A sexual act means conduct between persons consisting of [contact between] [the penis and the vulva] [the penis and the anus] [the mouth and the penis] [the mouth and the vulva] [any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another]. The word contact, as used in this charge, means a touching, however slight. [The word vulva means the external genital organs of the female, including the labia majora, labia minora, clitoris, and the entrance to the vagina.]

The third essential element is that (Def)_______________ engaged in a sexual act with (victim)_______________ without (victim)_______________’s consent. Consent means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time. [Lack of consent may be shown without proof of resistance.] [Submission resulting from the use of force, threat of force, or placing another person in fear is not consent.] [A sleeping or unconscious person cannot consent.]

[(Victim)_______________ did not consent if (Def)_______________

knew or reasonably should have known that (victim)_______________ was incapable of consenting to the sexual act.]

[(Victim)_______________ did not consent if (Def)_______________ knew or reasonably should have known that (victim)_______________ was unaware that a sexual act was being committed.]

[(Victim)_______________ did not consent if (Def)_______________ knew or reasonably should have known that (victim)_______________ was incapable of consenting to the sexual act because (victim)_______________ was substantially impaired by alcohol, drugs, or other intoxicants.]

[Incapable of consenting means the person: is incapable of understanding the nature of the conduct at issue; is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue.]

The last essential element is that (Def)_______________ acted intentionally. [He] [She] must have acted purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to engage in the sexual act with (victim)_______________ without [his] [her] consent.

A person’s intent may be shown by the way in which the person expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

Here the State alleges that (Def)_______________ intentionally engaged in a sexual act with (victim)_______________ without [his] [her] consent, by (specific acts)_______________.

All of the essential elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.