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Criminal Jury Instructions  

Criminal Jury Instructions

 

PHYSICALLY HELPLESS

"Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. 

Source:  General Statutes 53a-65 (6) (applies to Part VI:  Sex Offenses, 53a-67 -- 53a-90a).

Commentary:  See State v. Fourtin, 307 Conn. 186, 211 (2012) (state presented insufficient evidence that the complainant was either unconscious or so uncommunicative that she was physically incapable of communicating her lack of consent); State v. Hufford, 205 Conn. 386, 398-99 (1987)  (court improperly charged on physical helplessness because the victim had repeatedly told the defendant to stop touching her, indicating that she was able to communicate her unwillingness to the act); State v. Solek, 66 Conn. App. 72, 79, cert. denied, 258 Conn. 941 (2001) (victim was physically helpless at the time of the assault when defendant murdered her and then sexually assaulted her).  

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