SEXUAL ASSAULT

A person commits the offense of sexual assault when he or she intentionally or knowingly and without another person’s consent causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.

Another person does not consent to a sexual act if the other person is compelled by physical force or violence to participate in the act, if a person threatens to use force or violence against the other person, if the other person is unconscious or is physically unable to resist, or if the other person is incapable of understanding the nature of the act because of a mental disease or defect. The other person also does not consent to the sexual act if the person has impaired the other person’s capability to control his or her conduct with alcohol or drugs.

A defendant who is charged with the offense of sexual assault may be required to undergo medical testing to determine whether he or she has a sexually transmitted disease, acquired immune deficiency syndrome (AIDS), or the human immunodeficiency virus (HIV). If the defendant refuses to submit to these tests, a court may order the tests. The results of the tests are made available to the defendant and to the victim. However, the prosecution may not use the fact that the tests were taken or use the results of the tests in a criminal proceeding.

An indictment for sexual assault must allege that a defendant committed the sexual act knowingly and intentionally. The indictment must also allege the specific sexual act. The indictment must further allege that the act was nonconsensual. The indictment does not need to allege the facts that rendered the act nonconsensual.

In order to convict a defendant of sexual assault, the prosecution must prove penetration of the anus or the female sexual organ. The slightest penetration is sufficient for proof of penetration. Penetration may be proved by the testimony of a victim, by medical evidence, or by circumstantial evidence.

In order to convict a defendant of sexual assault, the prosecution must also prove a victim’s lack of consent. This element is usually proved by evidence of force or threats. The element may also be proved by the victim’s mental disease or defect. However, the defendant must have knowledge of the victim’s mental disease or defect.

The offense of sexual assault may be brought in the county where the sexual assault was committed, where a victim may have been abducted, or in any county through which the victim may have been transported during the course of the sexual assault.

A person commits the offense of sexual assault on a child if he or she intentionally or knowingly commits any of the above acts with a person who is younger than a certain age. The child’s lack of consent is not an element of the offense. The prosecution is not required to prove that a defendant knew the child’s age. This offense is based on the fact that a child younger than a certain age cannot legally consent to a sexual act.

The offenses of sexual assault and sexual assault on a child are punished as felonies.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

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