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← 181 VT 118 - State v. Hazelton

State v. Hazelton’s Empirical Analysis

2006

Citation profile

18
cited by 18 later decisions
2
states following
August 2021
most recently cited

1 federal appellate · 17 state decisions

How this case has been cited

Cited by 18 later decisions — most recently August 2021

1 federal appellate · 17 state decisions

100200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Blockburger v. United States · Delaware v. Van Arsdall · United States v. Ellis · Langle v. Kurkul · State v. Catsam

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The one statutory difference between the two offenses in effect at the time, that the victim must be unmarried to the offender for there to be a violation of [the first count], is so insubstantial as to be indistinct. When the victim is under sixteen, the gravamen of both charges is that the victim is incapable of consent unless married to the defendant. ... While the absence of marriage must be affirmatively pled for a charge of statutory rape ..., the fact of marriage is equally relevant to a charge of compelled sexual assault ... when the victim is under sixteen, since legislative recognition of a minor's marriage introduces the defense of consent to both charges. Once the issue of a minor's marriage to the accused is raised, under both [the statutory rape and compelled sexual assault statutes], the State has the burden of proving actual lack of consent in either case. In real terms of actual liability, the required allegation of nonmarriage in one offense, but not the other, is meaningless.”
    1 later decision quote this exact passage
  2. “(a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances: (9) The victim is subjected by the actor to repeated non-consensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor’s common scheme and plan.”
    1 later decision quote this exact passage
  3. “(a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By threatening or coercing the other person; or (C) By placing the other person in fear that any person will suffer imminent bodily injury.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.