THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Sexual Assault
1. Sexual Assault:
Reasonable Person Standard Of Consent
2. Sexual Assault:
Affirmative Defense Of Consent
3. Sexual Assault: Consent
Based On Overt Acts
4. Sexual Assault:
Reasonable Doubt As To Withdrawal Of Consent
5. Sexual Assault: Limits
On Expert Testimony
6. Sexual Assault: Good
Character Of Defendant; Sexual Morality
7. Sexual Assault:
Causation And Pre-existing Condition
8. Sexual Assault:
Causation -- Mental Anguish
9. Sexual Assault: Motive
To Fabricate
10. Sexual Assault: Consent --
Reasonable Doubt
11. Possibility Of Consent Is
Reasonable Doubt
12. Sexual Assault: Second Thoughts
Do Not Vitiate Consent
13. Sexual Assault: Good Faith
Misunderstanding
14. Consensual Relations Between
Adults Not Criminal
15. Sexual Assault: Absence Of Victim
Complaint As Evidence Of Consent
16. Sexual Assault:
Mental Anguish – Jury May Consider That Psychiatry Is An
"Esoteric And
Largely Unproved Field"
17. Sexual Assault: Jury
May Consider Claim Of Mental Distress With "Healthy Skepticism"
18. Sexual Assault:
Defendant Cannot Be Held for Fictitious, Imagined Or Highly
Unlikely Consequence
19. Sexual Assault:
Defendant Cannot Be Held For Complainant's Anxiety Or
Stress Induced By
Litigation
20. Sexual Assault:
Consent And Burden Of Proof
21. Sexual Assault:
Consent – Jury Should View Overt Actions From Defendant’s
Perspective
22. Sexual Assault:
Reasonable Doubt
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Sexual Assault: Reasonable Person Standard Of Consent
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering whether someone has indicated by her overt actions that she freely consented to an act of sexual intercourse, the jury should view these overt actions from the perspective of a reasonable man and whether to him at that time and in those circumstances these overt actions indicated that consent had been given.
AUTHORITIES:
State v. Lederer, 99 Wis. 2d 430, 299 N.W.2d 457, 461 (Ct.App. 1980).
RELATED NCJIC MATERIALS:
NCJIC Chapter 48: Objective Unreasonableness (Reasonable Person Standard).
NCJIC 253.4.11.1 [Reasonable Person Standard: Consideration Of All Relevant Circumstances In Which The Defendant Is Placed].
NCJIC 253.4.11.3 [Reasonable Person Standard: Consideration Of Defendant's Individual Attributes].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Sexual Assault: Affirmative Defense Of Consent
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When in a prosecution for sexual assault, the defense of consent is raised, the defendant has the initial burden of placing some evidence before you indicating that consent was indicated. Once a defendant has placed before you some evidence that consent was indicated, then the burden shifts and to prove its case the prosecution must prove beyond a reasonable doubt that the overt actions of the woman did not indicate that she had consented.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Sexual Assault: Consent Based On Overt Acts
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION
# 1:When in a trial for sexual assault, and the defense of consent is raised, the jury must be informed that this defense does not require a defendant to prove what was actually in the mind of the woman who claims she was sexually assaulted.
The defendant need only establish that the overt words or actions of the woman indicated to the defendant that she had freely consented to an act of intercourse.
SAMPLE INSTRUCTION # 2:
It is __________’s (name of defendant) theory of defense that __________ (name of victim) by the following overt actions indicated that she freely gave her agreement to have sexual intercourse with him:
1.Her willingness to enter and her entry into the _______ (location e.g., bedroom) with __________ (name of defendant);
2.Her assistance to __________ (name of defendant) in removing her brassiere;
3.Her efforts to assist __________ (name of defendant) in removing her blue jeans.
4.____________ (insert other overt actions of victim).
If the evidence in support of __________’s (name of defendant) position creates in your mind a reasonable doubt that she did not by these overt actions indicate that she freely consented to sexual intercourse, then you should find __________ (name of defendant) not guilty of _______ (sex crime).
SAMPLE INSTRUCTION # 3:
__________’s (name of defendant) position is that __________ (name of victim) indicated by her overt actions that she consented to have sexual intercourse with him. In asserting this position __________ (name of defendant) must prove by a preponderance of the evidence that she indicated by her overt actions that she had freely consented to an act of sexual intercourse.
If __________ (name of defendant) has proven by a preponderance of the evidence that __________ (name of victim) indicated by her overt actions that she had freely consented to an act of sexual intercourse, then you should find __________ (name of defendant) not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Sexual Assault: Reasonable Doubt As To Withdrawal Of Consent
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A person sometimes changes his or her mind concerning sexual activity, so that one who originally consents to sexual intercourse may later withdraw that consent, or one who originally does not consent may later consent to the same act. It is the consent or lack of consent during the act of intercourse that determines whether the intercourse was consensual, and if the words or acts of the complainant demonstrate consent, then you must find the defendant not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Sexual Assault: Limits On Expert Testimony
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The state has offered, and the court will admit, expert testimony of _________ (name of expert). This evidence was neither offered nor received as expert opinion that _________ (name of alleged victim) was sexually assaulted or that she is telling the truth about the alleged assault. Therefore, you may not consider the testimony of _________ (name of expert) as evidence that _________ (name of alleged victim) in fact was assaulted or that she is telling the truth about the alleged assault.
AUTHORITY:
State v. Jensen, 147 Wis. 2d 913, 432 N.W.2d 913, 917 (1988).
RELATED NCJIC MATERIALS:
NCJIC Chapter 29: Expert Opinion Testimony.
NCJIC 305.5.8 [Expert Testimony/Scientific Evidence].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Sexual Assault: Good Character Of Defendant; Sexual Morality
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You have heard the testimony of __________ (names of witnesses) who said that the defendant, in their opinion, is an honest, law-abiding citizen possessing character traits of sexual morality and decency. Along with all the other evidence you have heard, you may take into consideration what you believe about the defendant's honesty, law-abidingness, sexual morality and decency, when you decide whether the state has proved, beyond a reasonable doubt, that the defendant committed the crimes charged. Evidence of the defendant's good character alone may create a reasonable doubt whether the state has proved that the defendant committed the crimes charged.
AUTHORITY:
Federal Judicial Center Pattern Criminal Jury Instructions, Instruction No. 51 (1987), quoted in 2 Weinstein's Evidence ¶404[06] at 404-40 (1992); Michelson v. United States, 335 U.S. 469, 476 (1948).
RELATED NCJIC MATERIALS:
NCJIC 25.13 [Character Evidence].
NCJIC 251.4.2.2 [Whether Jury Should Be Instructed That Good Character Of Defendant – "Standing Alone" -- Is Sufficient To Raise A Reasonable Doubt].
NCJIC 305.4.3 [Defendant's Character].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Sexual Assault: Causation And Pre-existing Condition
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Evidence has been submitted to the effect that __________ (name of alleged victim) suffered from mental and emotional distress prior to the alleged sexual contact. If such evidence raises in your mind a reasonable doubt concerning whether her alleged mental anguish and need for psychiatric treatment existed prior to the charged sexual contact, as opposed to having been caused by that contact, you must find the defendant not guilty of second-degree sexual assault.
RELATED NCJIC MATERIALS:
NCJIC Chapter 55: Causation.
NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Sexual Assault: Causation -- Mental Anguish
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION
# 1:The mental anguish requiring psychiatric care must be the natural and probable consequence of the sexual contact. [Footnote 1] The circumstances surrounding the sexual contact must be such that a reasonably constituted person in ___________ (alleged victim's) position would suffer mental anguish requiring psychiatric care as a result of the contact. [Footnote 2]
Footnote 1: Johnson v. Misericordia Community Hospital, 97 Wis. 2d 521, 294 N.W.2d 501, 521 (Ct. App. 1980), aff'd, 99 Wis. 2d 708, 301 N.W.2d 156 (1981).
Footnote 2: See LaFleur by Blackey v. Mosher, 109 Wis. 2d 112, 325 N.W.2d 314, 318 (1982) (discussing limitations on civil liability for negligent confinement resulting in emotional distress); Howard v. Mt. Sinai Hospital, Inc., 63 Wis. 2d 515, 217 N.W.2d 383 (1974) (civil defendant may not be held liable for plaintiff's fear as to a future imagined consequence having no reasonable basis). See also VerHagen v. Gibbons, 47 Wis. 2d 220, 177 N.W.2d 83 (1970) (no civil liability for negligent infliction of emotional distress unless emotional distress manifested in physical injuries).
SAMPLE INSTRUCTION # 2:
The element requires that the sexual contact caused mental anguish requiring psychiatric care for __________ (name of victim).
Certainly, any non-consensual sexual contact could cause some emotional distress. The law, however, requires for conviction a finding of mental anguish, which is defined as extreme or excruciating pain, distress or suffering of the mind.(Footnote 1)
In addition, the law here requires for conviction a mental anguish so severe that it results in the necessity for treatment by a psychiatrist. (Footnote 2) A psychiatrist is a licensed medical doctor specially trained in the diagnosis, treatment, and prevention of mental illness.(Footnote 3) A need for treatment by a psychologist, a rape crisis counselor, or a concerned friend is insufficient. It is also insufficient if treatment by a psychiatrist is merely recommended or helpful but not required.
Actual treatment by a psychiatrist does not alone establish that such treatment is required.
AUTHORITY:
State v. Gandhi, No. 89-CR-281 (Racine County, Wisconsin 1990).
Footnote 1: E.g., People v. Petrella, 424 Mich. 221, 380 N.W.2d 11, 27 (1985).
Footnote 2: State's Memorandum in Support of Constitutionality of Statute at 1-2.
Footnote 3: American Heritage Dictionary at 989, 1055 (New College Edition 1977).
RELATED NCJIC MATERIALS:
NCJIC Chapter 55: Causation.
NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Sexual Assault: Motive To Fabricate
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION
:It is defendant’s position in this case that he did not have sexual intercourse with _________ (alleged victim) and that _________ (alleged victim) created this story in order to cause trouble for him as revenge for his breaking off his relationship with _________ (alleged victim) and moving out of the _________ (alleged victim’s) residence.
[If the evidence you have heard in this case leaves you with a reasonable doubt as to the defendant's guilt, you must acquit him.]
AUTHORITIES:
State v. Pruitt, 95 Wis. 2d 69, 81, 289 N.W.2d 343, 348 (Ct. App. 1980) (relying on State v. Davidson, 44 Wis. 2d 177, 191, 170 N.W.2d 755, 763 (1969)).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Stevens, No. 87-FE-15 (Manitowoc County Circuit Court, 1988) (delete bracketed material).
RELATED NCJIC MATERIALS:
NCJIC 101.1.5 [Rape And Other Forcible Sex Crimes: Miscellaneous Defenses And Defense Theories].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
10. Sexual Assault: Consent -- Reasonable Doubt
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Defendant believes that the evidence shows ______________ (name of alleged victim) agreed at the time to have sexual intercourse with him. If you believe that the state's claim to the contrary is subject to a reasonable doubt, you must find ______________ (name of defendant) not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
11. Possibility Of Consent Is Reasonable Doubt
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If you believe, based on all the evidence, that __________ (name of alleged victim) probably did not agree freely to have sexual intercourse with __________ (name of defendant), but still there remains a reasonable possibility that she did, you must find __________ (name of defendant) not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
12. Sexual Assault: Second Thoughts Do Not Vitiate Consent
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Defendant believes that __________ (alleged victim) agreed to have sexual intercourse with him at the time, regardless of what regrets, fears, or guilt she may have felt later. If all the evidence leaves you with a reasonable doubt as to the state's claim that __________ (name of alleged victim) did not agree to intercourse at the time, you must find __________ (name of defendant) not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
13. Sexual Assault: Good Faith Misunderstanding
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Defendant believes that his sexual encounter with __________ (name of alleged victim) was the result of a good faith misunderstanding between the two of them, in which she willingly went ahead at the time but very shortly after began to wonder whether they should have become that intimate. If you do not find, based on all the evidence, that lack of consent was proven beyond a reasonable doubt, you must find the defendant not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
14. Consensual Relations Between Adults Not Criminal
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Sexual relations, in private, between consenting adults is no longer a crime in __________ (name of state). Therefore, you may not consider the fact that the defendant engaged in such activity as criminal conduct in and of itself.
AUTHORITIES:
1983 Wisconsin Senate Act 17, Section 5.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 101.3 [Consensual Sodomy].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
15. Sexual Assault: Absence Of Victim Complaint As Evidence Of Consent
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
An element of the crime of second degree sexual assault is that the defendant engaged in sexual intercourse with another person without the other person's consent. Although consent requires that the other person freely agree to have sexual intercourse, consent need not be expressed through words. To determine whether consent was given, you should consider what __________ (name of alleged victim) did along with all the other facts and circumstances of this case. The fact that __________ (alleged victim) did not complain to the authorities is consistent with consent.
RELATED NCJIC MATERIALS:
NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
16. Sexual Assault: Mental Anguish – Jury May Consider That Psychiatry Is An "Esoteric And Largely Unproved Field"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Finally, with regard to the required elements of causation and mental anguish requiring psychiatric care, you are cautioned to take into account the Wisconsin Supreme Court's admonitions that psychiatry is an "esoteric and largely unproved field," that "there is substantial doubt in respect to the trustworthiness and reliability of psychiatric testimony" and that it is extremely difficult intelligently to evaluate claims of emotional injury.
AUTHORITIES:
Steele v. State, 97 Wis. 2d 72, 294 N.W.2d 2, 12, 13 (1980); LaFleur by Blackey v. Mosher, 109 Wis. 2d 112, 325 N.W.2d 314 (1982); VerHagen v. Gibbons, 47 Wis. 2d 220, 177 N.W.2d 83 (1970).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 55: Causation.
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
17. Sexual Assault: Jury May Consider Claim Of Mental Distress With "Healthy Skepticism"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
With regard to the required elements of causation and mental anguish requiring psychiatric care, you are cautioned to take into account the admonitions of the United States Court of Appeals for the Seventh Circuit that you approach claims of mental distress with "healthy skepticism," "bearing in mind that there is not much difficulty in finding a medical expert witness to testify to virtually any theory of medical causation short of the fantastic."
AUTHORITIES:
Stoleson v. United States, 708 F.2d 1217, 1222 (7th Cir. 1983).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 55: Causation.
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
18. Sexual Assault: Defendant Cannot Be Held For Fictitious, Imagined Or Highly Unlikely Consequence
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A defendant may not be held to have caused a complainant's anxiety about a fictitious or imagined or highly unlikely consequence of the defendant's action.
AUTHORITIES:
Brantner v. Jenson, 121 Wis. 2d 658, 360 N.W.2d 529, 533 (1985); Howard v. Mount Sinai Hospital, Inc., 63 Wis. 2d 515, 217 N.W.2d 383 (1974).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 55: Causation.
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
19. Sexual Assault: Defendant Cannot Be Held For Complainant's Anxiety Or Stress Induced By Litigation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A defendant may not be held to have caused a complainant's anxiety or stress induced by litigation or the prospect of litigation.
AUTHORITIES:
Stoleson v. United States, 708 F.2d 1217, 1223 (7th Cir. 1983).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 55: Causation.
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 305.3.1 [Causation].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
20. Sexual Assault: Consent And Burden Of Proof
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When in a prosecution for second degree sexual assault, the defense of consent is raised, the defendant has the initial burden of placing some evidence before you indicating that consent was indicated. Once a defendant has placed before you some evidence that consent was indicated, then the burden shifts and to prove its case the prosecution must prove beyond a reasonable doubt that the overt actions of the woman did not indicate that she had consented.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
See NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
See NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
21. Sexual Assault: Consent – Jury Should View Overt Actions From Defendant’s Perspective
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering whether someone has indicated by her overt actions that she freely consented to an act of sexual intercourse, the jury should view these overt actions from the perspective of the defendant and whether to him at that time these overt actions indicated that consent had been given.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
See NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
See NCJIC 305.3.10 [Consent].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
22. Sexual Assault: Reasonable Doubt
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
__________ (name of defendant) believes that the evidence leaves reason to doubt that __________ (name of victim) did not consent at the time to have sexual intercourse with him in _________ (location, e.g., her house) on ________ (date).
SAMPLE INSTRUCTION # 2:
__________ (name of defendant) believes that the evidence shows __________ (name of victim) agreed at the time to have sexual intercourse with him. If you decide that the state's claim to the contrary is subject to a reasonable doubt, you must find __________ (name of defendant) not guilty.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 101: Sex Crimes, Substantive Offenses.
See NCJIC 101.1.3 [Rape/Sex Crimes: Actual Consent As Defense Theory].
See NCJIC 101.1.4 [Sex Crimes: Good Faith Belief In Consent As Defense Theory].
See NCJIC Chapter 270: Burdens And Standards Of Proof.
See NCJIC 305.3.10 [Consent].