Sec. 53a-65. Definitions.
Sec. 53a-65. Definitions. As used in this part, except section 53a-70b, the following terms have the following meanings:
(1) "Actor" means a person accused of sexual assault.
(2) "Sexual intercourse" means vaginal intercourse, anal intercourse, fellatio or
cunnilingus between persons regardless of sex. Its meaning is limited to persons not
married to each other. Penetration, however slight, is sufficient to complete vaginal
intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal
opening of the victim's body.
(3) "Sexual contact" means any contact with the intimate parts of a person not
married to the actor for the purpose of sexual gratification of the actor or for the purpose
of degrading or humiliating such person or any contact of the intimate parts of the actor
with a person not married to the actor for the purpose of sexual gratification of the actor
or for the purpose of degrading or humiliating such person.
(4) "Mentally defective" means that a person suffers from a mental disease or defect
which renders such person incapable of appraising the nature of such person's conduct.
(5) "Mentally incapacitated" means that a person is rendered temporarily incapable
of appraising or controlling such person's conduct owing to the influence of a drug or
intoxicating substance administered to such person without such person's consent, or
owing to any other act committed upon such person without such person's consent.
(6) "Physically helpless" means that a person is unconscious or for any other reason
is physically unable to communicate unwillingness to an act.
(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) use of actual
physical force or violence or superior physical strength against the victim.
(8) "Intimate parts" means the genital area or any substance emitted therefrom,
groin, anus or any substance emitted therefrom, inner thighs, buttocks or breasts.
(9) "Psychotherapist" means a physician, psychologist, nurse, substance abuse
counselor, social worker, clergyman, marital and family therapist, mental health service
provider, hypnotist or other person, whether or not licensed or certified by the state,
who performs or purports to perform psychotherapy.
(10) "Psychotherapy" means the professional treatment, assessment or counseling
of a mental or emotional illness, symptom or condition.
(11) "Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to know that the patient or
former patient is unable to withhold consent to sexual contact by or sexual intercourse
with the psychotherapist.
(12) "Therapeutic deception" means a representation by a psychotherapist that sexual contact by or sexual intercourse with the psychotherapist is consistent with or part
of the patient's treatment.
(13) "School employee" means a teacher, substitute teacher, school administrator,
school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary or secondary school or working in a public or private elementary or secondary school.
(1969, P.A. 828, S. 66; P.A. 75-619, S. 1; P.A. 81-27, S. 2; P.A. 85-341, S. 1; P.A. 87-259; P.A. 92-260, S. 32; P.A.
93-340, S. 1; P.A. 94-221, S. 17; P.A. 06-11, S. 1; 06-107, S. 1; 06-187, S. 45.)
History: P.A. 75-619 deleted definitions of "deviate sexual intercourse", "female" and "forcible compulsion", added
definitions of "actor", "use of force" and "intimate parts", redefined "sexual intercourse" in detail where previously defined
as having "its ordinary meaning" and made minor changes in wording of remaining definitions; P.A. 81-27 exempted
section 53a-70b from applicability of definitions in this section; P.A. 85-341 amended definition of sexual contact to
include "contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification
of the actor"; P.A. 87-259 amended definition of sexual contact to include contact made for the purpose of degrading or
humiliating the victim; P.A. 92-260 made a technical change in the definition of sexual intercourse by repositioning
language; P.A. 93-340 added definitions of "psychotherapist", "psychotherapy", "emotionally dependent" and "therapeutic
deception"; P.A. 94-221 added the definition of "school employee"; P.A. 06-11 redefined "intimate parts" to include any
substance emitted from the genital area or anus; P.A. 06-107 and P.A. 06-187 both redefined "psychotherapist" to include
a hypnotist.
Cited. 170 C. 111. Statute includes definition of sexual intercourse and provides that "penetration, however slight, is
sufficient to complete vaginal intercourse, anal intercourse or fellatio ...". It specifically omits cunnilingus, therefore
penetration is not an essential element of the crime where cunnilingus is charged. 186 C. 757. Cited. 187 C. 216. Cited.
191 C. 453. Cited. 192 C. 154. Cited. 198 C. 190. Cited. 210 C. 110.
Cited. 3 CA 374. Cited. 11 CA 102; Id., 316. Cited. 33 CA 133. Cited. 35 CA 173. Smacking victim's buttocks considered
to be sexual contact. 59 CA 538.
Former section 53-216 cited. 5 Conn. Cir. Ct. 44, 45.
Subdiv. (2):
Court properly defined the term "cunnilingus" since statute contained no specific definitions. Penetration is not an
essential element of the crime where cunnilingus is charged. 186 C. 757. Cited. 194 C. 258. Cited. 198 C. 285; Id., 617.
Cited. 201 C. 211. Cited. 202 C. 509. Cited. 207 C. 646. Cited. 209 C. 733. Cited. 211 C. 18. Cited. 224 C. 397. Cited.
226 C. 618. Penetration of the labia majora constitutes vaginal penetration. 252 C. 795. Penetration element of statute
applicable to first degree sexual assault by fellatio not satisfied when alleged victim is compelled to lick perpetrator's penis
without necessarily also being compelled to insert penis into the mouth. 256 C. 517.
Cited. 7 CA 489; Id., 701. Cited. 14 CA 451. Cited. 23 CA 712. Cited. 26 CA 395; Id., 625; judgment reversed, see
224 C. 656; judgment reversed, see 31 CA 452; judgment reversed see 224 C. 656. Withdrawal of consent communicated
to the other person followed by a compelling use of force to continue sexual intercourse would constitute sexual assault.
35 CA 173. Cited. 38 CA 56. Cited. 41 CA 139; Id., 287. Cited. 43 CA 785. Applies least penetration doctrine. 50 CA 715.
Subdiv. (3):
Cited. 191 C. 604. Cited. 199 C. 121. Cited. 205 C. 386. Cited. 224 C. 397; Id., 656; judgment reversed, see 31 CA 452.
Cited. 1 CA 724. Cited. 8 CA 607. Cited. 15 CA 251. Cited. 20 CA 694. Cited. 25 CA 653; judgment reversed, see 223
C. 52. Cited. 26 CA 395; Id., 625; judgment reversed, see 224 C. 656; judgment reversed, see 31 CA 452; judgment
reversed, see 224 C. 656. Cited. 28 CA 402. Cited. 30 CA 281. Cited. 31 CA 452.
Subdiv. (6):
Cited. 198 C. 53. Cited. 205 C. 386.
Subdiv. (7):
Subpara. (B) cited. 189 C. 611; 202 C. 509; 205 C. 386. Cited. 228 C. 552.
Cited. 7 CA 489. Cited. 14 CA 40; Id., 451. Cited. 16 CA 75. Subpara. (B) cited. 18 CA 694. Cited. 21 CA 411. Cited.
30 CA 281.
Subdiv. (8):
Cited. 191 C. 604. Cited. 207 C. 456.
Cited. 20 CA 694. Cited. 25 CA 653; judgment reversed, see 223 C. 52. Cited. 26 CA 395; Id., 625; judgment reversed,
see 224 C. 656. Cited. 28 CA 402.