Now that we’ve gotten the definitions out of the way, we can talk about the different sex offenses that there are. In every defense we’re going to talk about here, there’s an element that the act was committed without any consent from the victim. This lack of consent can result from forcible compulsion, incapacity to consent, or whenever the crime is either sexual abuse or touching that’s considered forcible, in addition to forcible compulsion or being incapable to consent, where the victim doesn’t accept the acting person’s behavior, or also whenever the crime is rape in the third degree or a criminal sexual act in the third degree, and in addition to that there’s some sort of forcible compulsion where the victim clearly said that they didn’t consent to what was happening, and a reasonable person in this situation would’ve understood these words as a lack of consent. Someone’s incapable of consent when they’re younger than seventeen, mentally disabled, mentally incapacitated, physically helpless, or committed to the care of the department of corrections, and the acting person is an employee who either knows or should know that this person’s been committed to care. This also applies to supervising people who have been released on community supervision and who supervise the victim at the time of the crime.
Now we’ve made it to the final section, the limitation and possible defenses of the various sex offenses. First of all, in any sort of prosecution where the lack of consent is based on the victim being mentally incapacitated or physically helpless, it’s an affirmative defense that the defendant didn’t know about these incapacities and inabilities to consent. Another affirmative defense is that any sort of conduct performed for a valid mental health care or medical reason won’t constitute a violation. Lastly, in any prosecution for rape in the third degree, a criminal sexual act in the third degree, aggravated sexual abuse in the third degree, or sexual abuse in the third degree where incapacity to consent is based on certain circumstances under the law, it’s an affirmative defense that the client consented to this behavior after having been told that this behavior wasn’t performed for medical reasons.
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