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WPIC 41.01 Rape—Second Degree—Definition

11 WAPRAC WPIC 41.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 41.01 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part VII. Sex Crimes

WPIC CHAPTER 41. Rape—Second Degree

WPIC 41.01 Rape—Second Degree—Definition

A person commits the crime of rape in the second degree when he or she engages in sexual intercourse with another person

[by forcible compulsion] [or]

[when the other person is incapable of consent by reason of being [physically helpless] [or] [mentally incapacitated]] [or]

[when the other person has a developmental disability, and the perpetrator is not married to the other person and has supervisory authority over the other person] [or]

[when the other person has a developmental disability, and the perpetrator is not married to the other person and was providing transportation, within the course of his or her employment, to the other person at the time of the offense] [or]

[when the other person is a client or patient and the perpetrator is a health care provider, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination] [or]

[when the other person is a resident of a facility for persons with a [mental disorder] [chemical dependency], and the perpetrator is not married to the other person and has supervisory authority over the other person] [or]

[when the other person is a frail elder or vulnerable adult, and the perpetrator has a significant relationship with the other person and is not married to the other person] [or]

[when the other person is a frail elder or vulnerable adult, and the perpetrator is not married to the other person and was providing transportation, within the course of his or her employment, to the victim at the time of the offense].

NOTE ON USE

Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).

Use bracketed material as applicable.

Use WPIC 45.01 (Sexual Intercourse—Definition) with this instruction. Also use, as applicable, WPIC 45.04 (Consent—Definition), WPIC 45.03 (Forcible Compulsion—Definition), WPIC 45.05 (Mentally Incapacitated—Physically Helpless—Definition), WPIC 45.06 (Married—Definition), WPIC 45.08 (Significant Relationship—Definition), WPIC 45.10 (Developmentally Disabled—Developmental Disability—Definition), WPIC 45.11 (Person with Supervisory Authority—Definition), WPIC 45.12 (Health Care Provider—Definition), WPIC 45.13 (Treatment—Definition), WPIC 45.14 (Frail Elder or Vulnerable Adult—Definition), WPIC 45.15 (Facility for Persons with a Mental Disorder—Definition), and WPIC 45.16 (Facility for Chemically Dependent Persons—Definition).

If the statutory defense is at issue, use WPIC 19.03 (Rape (Second Degree) or Indecent Liberties (Victim Helpless or Incapacitated)—Defenses), with this instruction.