§ 3254 - Trial procedure; consent - Vermont Statutes

§ 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 mental illness or mental retardation as defined in section 3061 of Title 14. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 13.)