§ 3254. Trial procedure; consent
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;
(2) a person shall be deemed to have acted without the consent of the other person where the actor:
(A) knows that the other person is mentally incapable of understanding the nature of the sexual act or lewd and lascivious conduct; or
(B) knows that the other person is not physically capable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct; or
(C) knows that the other person is unaware that a sexual act or lewd and lascivious conduct is being committed; or
(D) 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.)