History of the Connecticut Judicial Seal Home Home BannerBanner

 

 


 

 

 

 

 

   
Criminal Jury Instructions

Criminal Jury Instructions Home

7.1-7A Sexual Assault in the Second Degree -- § 53a-71

Note: This instruction is for crimes committed before October 1, 2007. P.A. No. 07-143, § 1, amended § 53a-71 (a) (1) to require that the actor be 3 years older, rather than 2 years older, than the victim.

The defendant is charged [in count __] with sexual assault in the second degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: <insert appropriate subsection:>

  • § 53a-71 (a) (1): such other person is thirteen years of age or older but under sixteen years of age and the actor is more than two years older than such person.

  • § 53a-71 (a) (2): such other person is mentally defective to the extent that such person is unable to consent to such sexual intercourse.

  • § 53a-71 (a) (3): such other person is physically helpless.

  • § 53a-71 (a) (4): such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare.

  • § 53a-71 (a) (5): such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such person.

  • § 53a-71 (a) (6): the actor is a psychotherapist and such other person is (a patient of the actor and the sexual intercourse occurs during the psychotherapy session / a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor / a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception).

  • § 53a-71 (a) (7): the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional.

  • § 53a-71 (a) (8): the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor.

  • § 53a-71 (a) (9): the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is a recipient of coaching or instruction from the actor and is (a secondary school student and receives such coaching or instruction in a secondary school setting / under eighteen years of age).

  • § 53a-71 (a) (10): the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such other person is under eighteen years of age.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt the following elements:

Element 1 - Sexual intercourse
The first element is that the defendant and the complainant engaged in sexual intercourse. "Sexual intercourse" means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Its meaning is limited to persons not married to each other. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse, or fellatio and does not require emission of semen. Penetration, however, is not required for the commission of cunnilingus. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the complainant's body.

Element 2 - Additional factor
The second element is that, at the time of the offense, <insert as appropriate and tailor to the facts of the case:>

  • § 53a-71 (a) (1): the complainant was thirteen years of age or older but under sixteen years of age and the defendant was more than two years older than the complainant at the time this offense was committed.

  • § 53a-71 (a) (2): the complainant was mentally defective to the extent that (he/she) was unable to consent to such sexual intercourse. "Mentally defective" means that a person suffers from a mental disease or defect that renders such person incapable of appraising the nature of such person's conduct. The person's condition must not have been a temporary condition, but a standing disease or defect of mind. It is sufficient if the condition made (him/her) unable to understand the defendant's conduct.

  • § 53a-71 (a) (3): the complainant was physically helpless. "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate the unwillingness to an act. That is, the complainant was unable by reason of (his/her) physical condition to do anything and was, therefore, incapable of consenting. The helplessness referred to is separate and apart from any mental condition.

  • § 53a-71 (a) (4): the complainant was less than eighteen years old, and the defendant was (the complainant's guardian / responsible for the general supervision of the complainant's welfare).

  • § 53a-71 (a) (5): the complainant was in custody of law or detained in a hospital or other institution and the defendant had supervisory or disciplinary authority over (him/her).

  • § 53a-71 (a) (6): the defendant was a psychotherapist and the complainant was <insert as appropriate:>

    • a patient of the defendant and the sexual intercourse occurred during the psychotherapy session.

    • a patient or former patient of the defendant and (he/she) was emotionally dependent upon the defendant.

    • a patient or former patient of the defendant and the sexual intercourse occurred by means of therapeutic deception.

<Include appropriate definitions:>

  • "Psychotherapist" means a physician, psychologist, nurse, substance abuse counselor, social worker, clergyman, marital and family therapist, mental health service provider, hypnotist or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

  • "Psychotherapy" means the professional treatment, assessment or counseling of a mental or emotional illness, symptom or condition.

  • "Emotionally dependent" means that the nature of the patient or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to know that the patient or former patient is unable to withhold consent to sexual intercourse with the psychotherapist.

  • "Therapeutic deception" means a representation by a psychotherapist that sexual intercourse with the psychotherapist is consistent with or part of the patient's treatment.

  • § 53a-71 (a) (7): the defendant accomplished the sexual intercourse by means of a false representation that the sexual intercourse was for a bona fide medical purpose by a health care professional.

  • § 53a-71 (a) (8): the defendant was a school employee and the complainant was a student enrolled in a school in which the defendant worked or a school under the jurisdiction of the local or regional board of education which employed the defendant. "School employee" means a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary or secondary school or working in a public or private elementary or secondary school.

  • § 53a-71 (a) (9): the defendant (was a coach in an athletic activity / provided intensive, ongoing instruction) and the complainant was a recipient of the (coaching / instruction) from the defendant, and the complainant  was (a secondary school student and received the (coaching / instruction) in a secondary school setting / under eighteen years of age).

  • § 53a-71 (a) (10): the defendant was twenty years of age or older and stood in a position of power, authority or supervision over the complainant by virtue of the defendant's professional, legal, occupational or volunteer status and the complainant's participation in a program or activity, and the complainant was under eighteen years of age.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) sexual intercourse took place between the defendant and the complainant and 2) <insert additional factor>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of sexual assault in the second degree, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home

Common Legal Words | Contact Us | Site Map | Website Policies and Disclaimers

Copyright © 2011, State of Connecticut Judicial Branch