- CR27-211. Lack of consent, 13 V.S.A. § 3252(a)(1) (12/08/22)
- CR27-221. By threat or coercion, 13 V.S.A. § 3252(a)(2) (12/08/22)
- CR27-231. By placing the victim in fear that any person will suffer imminent bodily injury, 13 V.S.A. § 3252(a)(3) (12/08/22)
- CR27-236. Asleep, unconscious, or unaware, 13 V.S.A. § 3252(a)(4) (12/08/22)
- CR27-241. By substantially impairing the ability of the victim (drugs or intoxicants), 13 V.S.A. § 3252(b)(1) (12/08/22)
- CR27-246. Substantial impairment, 13 V.S.A. § 3252(b)(2) (01/12/23)
- CR27-251. Under the age of 16, 13 V.S.A. § 3252(c) (03/30/07)
- CR27-261. Under the age of 18, and related or entrusted to care, 13 V.S.A. § 3252(d) (03/30/07)
- CR27-271. Under the age of 16, and related or entrusted to care, 13 V.S.A. § 3252(e)(1) (03/30/07)
- CR27-281. Under the age of 16, and served in a parental role, 13 V.S.A. § 3252(e)(2) (03/30/07)
Reporter’s Note
In 2021, the legislature revised and reformulated the sexual assault statutes. See 2021, No. 68 (eff. July 1, 2021). The revision removed the element of “compulsion” from § 3252(a) and refined the definition of “consent,” among other changes. The current instructions reflect these changes.
Sexual Act. Where the State’s information specifies the type of sexual act alleged, the trial court should use the term “the alleged sexual act” rather than “a sexual act” when instructing the jury on the essential elements. State v. Stephens, 2020 VT 87, ¶ 19, 213 Vt. 253. Additionally, to avoid juror confusion, the court should instruct on the specific sexual act charged, rather than identifying all the statutorily defined types of sexual acts when explaining the elements of sexual assault. Id.; see also State v. Orost, 2025 VT 15, ¶ 48 (“While the court’s initial definition of ‘sexual act’ was broader than necessary given each of the specific allegations, the court also clarified on multiple occasions the exact alleged sexual conduct required for the jury to find defendant guilty of each sexual-assault charge.”).
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.
Age and Entrustment (CR27-261). In a prosecution under 13 V.S.A. § 3252(d), the State must prove that the victim was under the age of 18 and that the victim was either the defendant’s child or “entrusted” to the defendant’s care “by authority of law.” See State v. Orost, 2025 VT 15, ¶¶ 39–44 (rejecting defendant’s argument that trial court impermissibly directed verdict on elements of age and entrustment).