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Vt. Stat. Ann. tit. 13, § 3254

Trial procedure; consent

Redline — July 1, 2021 → current.View current text →
Current — June 1, 2022
As of July 1, 2021
In a prosecution for a crime defined in this chapter or section 2601 of this title:
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;
(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: knows that the other person is mentally incapable of understanding the nature of the sexual act or lewd and lascivious conduct; or
(2) Submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.
(3) Consent shall not be demonstrated by evidence prohibited under section 3255 of this title.
(4) A sleeping or unconscious person cannot consent.
(3) knows that the other person is not physically capable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct; or
(5) A person shall be deemed to have acted without the consent of the other person where the actor: knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct;
(4) knows that the other person is unaware that a sexual act or lewd and lascivious conduct is being committed; or
(6) knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed; or
(5) knows that the other person is mentally incapable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct, due to a mental condition or a psychiatric or developmental disability as defined in 14 V.S.A. § 3061. Added 1977, No. 51, § 1; amended 1993, No. 100, § 13; 2013, No. 96 (Adj. Sess.), § 57.
(7) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct with the actor because the person was substantially impaired by alcohol, drugs, or other intoxicants.

Official source: Vermont General Assembly. Reproduced from public-domain Vermont statutes; confirm against the official source for the current text. Not legal advice.