ELEMENT: RESIST
FIRST DEGREE CRIMINAL SEXUAL CONDUCT
The state does NOT have to show that the accuser “ resisted ” the accused in order to charge the accused with First Degree Criminal Sexual Conduct and/or Third Degree Criminal Sexual Conduct.
BLANK LAW, PC EXAMPLE – RESIST
The accuser and the accused were married. The accuser claimed, after years of having consentual sex, this time, after a long evening of fighting and drinking, it was not consentual. During the alleged sexual assault the accuser never said no, never pulled away from the accused and slept in the same bed as the accused that evening. The state was able to charge three counts of Third Degree Criminal Sexual Conduct. The state does NOT have to show that the accuser “ resisted ” in any way.
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