TDCAA Community
charging lack of consent in sexual assault

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9871052441

February 07, 2007, 15:37
DJC
charging 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
JohnR
So simply adding the statutory definitions you reference won't suffice, or did you already have that in there?
February 07, 2007, 17:49
DJC
That's what I did, but it seems awkward. I can live with what I have done, but I am not happy with it.