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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 072 : SEXUAL ASSAULT

Subchapter 001 : Crimes; Trial

(Cite as: 13 V.S.A. § 3254)
  • § 3254. Trial procedure; consent

    In a prosecution for a crime defined in this chapter or section 2601 of this title:

    (1) lack of consent may be shown without proof of resistance;

    (2) a person shall be deemed to have acted without the consent of the other person where the actor:

    (A) knows that the other person is mentally incapable of understanding the nature of the sexual act or lewd and lascivious conduct; or

    (B) knows that the other person is not physically capable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct; or

    (C) knows that the other person is unaware that a sexual act or lewd and lascivious conduct is being committed; or

    (D) knows that the other person is mentally incapable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct, due to a mental condition or a psychiatric or developmental disability as defined in 14 V.S.A. § 3061. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 13; 2013, No. 96 (Adj. Sess.), § 57.)