CR27-221 03/30/07

SEXUAL ASSAULT (THREAT OR COERCION) – 13 V.S.A. § 3252(a)(2)

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) (Def)_______________ compelled (victim)_______________ to participate in the sexual act by [threatening] [coercing] [him] [her]; and

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

The first essential element is that (Def)_______________ is the person who committed the crime charged.

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, or 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)_______________ compelled (victim)_______________ to participate in the sexual act by [threatening] [coercing] [him] [her]. To compel means to force, or to exert pressure, so as to overcome the free will of the other person. [To threaten another person means to communicate, by words or by deeds, an intention to inflict harm upon that other person.] [To coerce another person means to exert control over the other person to such an extent that it requires the other person to submit, and deprives [him] [her] of [his] [her] free will. Submission of the individual may be accomplished through psychological coercion alone.]

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 compel (victim)_______________ to participate in the sexual act by using threats or coercion.

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 compelled (victim)_______________ to participate in a sexual act by (specific acts)_______________.

All of the 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.