CR27-241 03/30/07

SEXUAL ASSAULT (SUBSTANTIALLY IMPAIRED THE ABILITY) – 13 V.S.A. § 3252(b)

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 when [he] [she] had substantially impaired (victim)_______________’s ability to [appraise] [control] [his] [her] conduct, by [administering] [employing] [drugs] [intoxicants] [without [his] [her] knowledge] [against [his] [her] will]; and

(4) (Def)_______________ acted 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, 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 the sexual act took place at a time when (Def)_______________ had substantially impaired (victim)_______________’s ability to [appraise] [control] [his] [her] conduct, by [administering] [employing] [drugs] [intoxicants] [without [his] [her] knowledge] [against [his] [her] will]. To substantially impair a person’s ability means to weaken that person’s ability in a significant way.

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 a sexual act with (victim)_______________ when [he] [she] had substantially impaired (victim)_______________’s ability to [appraise] [control] [his] [her] conduct, by [administering] [employing] [drugs] [intoxicants] [without (victim)_______________’s knowledge] [against (victim)_______________’s will].

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)_______________ when [he] [she] had (specific allegations)_______________.

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.