Sexual Assault

 Reporter’s Note

Lack of Consent.  Lack of consent may be shown without proof of resistance.  Evidence that the victim’s cooperation arose out of fear may show lack of consent.  State v. Desautels, 2006 VT 84, 180 Vt. 189. In an appropriate case, the element of compulsion may be shown by lack of consent alone. State v. Snow, 2013 VT 19, 193 Vt. 390 (approving the use of instruction stating the “element of compulsion is satisfied by lack of consent alone”).

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