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7.1-2 Sexual Assault in the First Degree -- § 53a-70 (a) (2)
Revised to December 1, 2007 (modified June 13, 2008)
The defendant is charged [in count __] with sexual assault in the first degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of sexual assault in the first degree when such person engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Sexual intercourse
The first element is that the defendant engaged
in sexual intercourse with the complainant.
"Sexual
intercourse" means vaginal intercourse, anal intercourse, fellatio or
cunnilingus. 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 victim's body.
There is no need for the state to prove force or compulsion by the defendant, and it is not a defense that the complainant consented to sexual intercourse. Whether the other person consented to the sexual intercourse is irrelevant to your consideration of this count.
Element 2 - Other person under
13 years of age
The second element is that
the complainant was under thirteen years of age at the time of the
sexual intercourse.
Element 3 - Defendant more than
2 years older
The third element is that the
defendant is more than two years older than such person.1
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) that at the time of the sexual intercourse the complainant had not yet reached the age of thirteen, and 3) the defendant was more than two years older than the complainant.
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 first 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.
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1 The statute requires comparison of actual birth dates, not calendar years. State v. Jason B., 248 Conn. 543, 549-55, cert. denied, 528 U.S. 967, 120 S.Ct. 406, 145 L.Ed.2d 316 (1999).
Commentary
Sentence Enhancer
Section
53a-70 (b) provides an enhanced penalty if the victim is under 10 years of age.
The jury must find this fact proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.