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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).
Glossary
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