Vermont Model Criminal Jury Instructions CR27-491

13 V.S.A. § 3253(a)(9)

[Explanation: The statute, § 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault, the aggravation element is added to the underlying charge of sexual assault under § 3252. The following is a statement of the element to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

(__) (Def)_______________ subjected (victim)_______________ to repeated nonconsensual sexual acts, as part of [the same occurrence] [(Def)_______________’s common scheme and plan].

The _____ essential element is that (Def)_______________ subjected (victim)_______________ to repeated nonconsensual sexual acts, as part of [the same occurrence] [(Def)_______________’s common scheme and plan]. Nonconsensual means that (victim)_______________ did not voluntarily agree to engage in a sexual act. [However, if (victim)_______________ was under the age of 16, you need not concern yourselves with whether or not [he] [she] consented to the conduct at issue, because Vermont law provides that a person under the age of 16 cannot consent to a sexual act. If you find that sexual conduct occurred with a person under the age of 16, it was nonconsensual as a matter of law.]

[The words common scheme and plan refer to the use of a method for accomplishing a goal or purpose. The State must have proven that (Def)_______________ acted with a goal and plan to engage in sexual acts with (victim)_______________, that [his] [her] plan continued unchanged throughout the time period, and any sexual acts with (victim)_______________ were part of [his] [her] common plan and scheme.]

Here the State alleges that (Def)_______________ subjected (victim)_______________ to repeated nonconsensual sexual acts, by (specific allegations)_________________________.