February 07, 2007, 15:37
DJCcharging lack of consent in sexual assault
Following an objection to the generic "without consent" language in the charging manual, I need to re-plead that the Victimw was unconscious or physically unable to resist and that the victim did not know the assault was occurring. Could someone please tell me the actual charging language that you have used in those two situations? My attempts at the language have been very unwieldy. Thanks.
February 07, 2007, 16:39
JohnRSo simply adding the statutory definitions you reference won't suffice, or did you already have that in there?
February 07, 2007, 17:49
DJCThat's what I did, but it seems awkward. I can live with what I have done, but I am not happy with it.