Skip to main content
Find a Lawyer

Vermont Statutes Title 13. Crimes and Criminal Procedure, § 3254. Trial procedure; consent

Current as of January 01, 2024 | Updated by Findlaw Staff

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) Submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.

(3) Consent shall not be demonstrated by evidence prohibited under section 3255 of this title.

(4) A sleeping or unconscious person cannot consent.

(5) A person shall be deemed to have acted without the consent of the other person where the actor:

(A) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct;

(B) knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed; or

(C) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct with the actor because the person was substantially impaired by alcohol, drugs, or other intoxicants.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Vermont Statutes Title 13. Crimes and Criminal Procedure, § 3254. Trial procedure; consent - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-13-crimes-and-criminal-procedure/vt-st-tit-13-sect-3254/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard