Consent Laws
Vermont

“Consent” means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time. 13 Vermont Stat. Ann. §3251(3).

“Incapable of consenting” means the person: (A) is incapable of understanding the nature of the conduct at issue; (B) is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or (C) lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue. 13 Vermont Stat. Ann. §3251(10).  In addition, a sleeping or unconscious person cannot consent.  Id. §3254(4).

Additionally, a person will 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. 

Lack of consent may be shown without proof of resistance.

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

13 Vermont Stat. Ann. §3254.

Yes.

16 years old. 13 Vermont Stat. Ann. §3252.

Yes, if the child is at least 15 years old and the actor is less than 19 years old, consent can be given. 13 Vermont Stat. Ann. §3252.

No.

Yes, a person shall be deemed to have acted without the consent of the victim where the actor knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct. 13 Vermont Stat. Ann. §3254.

“Incapable of consenting” means the person: (A) is incapable of understanding the nature of the conduct at issue; (B) is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or (C) lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue. 13 Vermont Stat. Ann. §3251(10).

Yes, a person shall be deemed to have acted without the consent of the victim where the actor knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct. 13 Vermont Stat. Ann. §3254.

“Incapable of consenting” means the person: (A) is incapable of understanding the nature of the conduct at issue; (B) is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or (C) lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue. 13 Vermont Stat. Ann. §3251(10).

Yes, a person shall be deemed to have acted without the consent of the victim where the actor knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed. A sleeping or unconscious person cannot consent. 13 Vermont Stat. Ann. §3254.

No person shall engage in a sexual act with another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring. 13 Vermont Stat. Ann. §3252.

No person shall engage in a sexual act with another person when the other person is incapable of consenting to the sexual act due to substantial impairment by alcohol, drugs, or other intoxicants and that condition is known or reasonably should be known by the person. 13 Vermont Stat. Ann. §3252.

Yes, if the actor knew or reasonably should have known that the victim 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. 13 Vermont Stat. Ann. §3254.

No person shall administer any alcohol, drugs, or other intoxicants to another person without the person’s knowledge or against the person’s will and, while the person is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that person. 13 Vermont Stat. Ann. §3252.

• A correctional employee, contractor, or other person providing services to offenders on behalf of the Department of Corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall not engage in a sexual act with (1) a person who the employee, contractor, or other person providing services knows is confined to a correctional facility; or (2) any offender being supervised by the Department of Corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider knows or reasonably should have known that the offender is being supervised by the Department, unless the offender and the employee, contractor, or person providing servicers were married, parties to a civil union, or engaged in a consensual sexual relationship at the time of sentencing for the offense for which the offender is being supervised by the Department. 13 Vermont Stat. Ann. §3257.
• No person shall engage in a sexual act with a minor and the actor is at least 48 months older than the minor and the actor is in a position of power, authority or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors. 13 Vermont Stat. Ann. §3258.
• A sexual assault occurs if a person engages in a sexual act with child who is under the age of 16, except (1) where the persons are married to each other and the sexual act is consensual or (2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual. Vermont Stat. Ann. §13-3252(c).
• A sexual assault occurs if a person engages in a sexual act with a victim who is under the age of 18 and is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild. Vermont Stat. Ann. §13-3252(d).
• A sexual assault occurs if a person engages in a sexual act with a victim who is under the age of 16 if (1) the victim is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child or stepchild; or (2) the actor is at least 18 years old, resides in the victim’s household and serves in a parental role with respect to the victim. Vermont Stat. Ann. §13-3252(e).

However, for married persons, consent can be a defense where a person engages in a sexual act with a child who is under 16 years old and the persons are married to each other and the sexual act is consensual. 13 Vermont Stat. Ann. §3252(c).

Yes, generally.  The crime of “sexual assault” is defined in the context of consent:

• No person shall engage in a sexual act with another:
  1. without the consent of the other person;
  2. by threatening or coercing the other person;
  3. by placing the other person in fear that any person will suffer imminent bodily injury; or
  4. when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.

Additionally, consent may be a defense where a person engages in a sexual act with a child who is under 16 years old and:

• the persons are married to each other and the sexual act is consensual; or
• where the person is less than 19 years old, the child is at least 15 years old and the sexual act is consensual. Vermont Stat. Ann. §13-3252(c).

It can be. “When specific intent is an element of a crime, evidence of either voluntary or involuntary intoxication may be introduced to show that the defendant could not have formed the necessary intent.” State v. Joyce, 139 Vt. 638, 639-40, 433 A.2d 271, 272 (1981)