7.1-4 Sexual Assault in the First Degree -- § 53a-70 (a) (4)
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 mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.
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 complainant's body.
Element 2 - With mentally
The second element is that the complainant was mentally incapacitated at the time of the sexual intercourse to the extent that (he/she) was unable to consent to the sexual intercourse.
"Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing to any other act committed upon such person without such person's consent.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant engaged in sexual intercourse with the complainant, and 2) at the time of the sexual intercourse the complainant was mentally incapacitated and unable to consent to the intercourse.
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.
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.