Sec. 53a-67. Affirmative defenses.
Sec. 53a-67. Affirmative defenses. (a) In any prosecution for an offense under this
part based on the victim's being mentally defective, mentally incapacitated or physically
helpless, it shall be an affirmative defense that the actor, at the time such actor engaged
in the conduct constituting the offense, did not know of such condition of the victim.
(b) In any prosecution for an offense under this part, except an offense under section
53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, it shall be an affirmative defense
that the defendant and the alleged victim were, at the time of the alleged offense, living
together by mutual consent in a relationship of cohabitation, regardless of the legal status
of their relationship.
(1969, P.A. 828, S. 68; P.A. 75-619, S. 2; P.A. 81-27, S. 3; P.A. 90-162.)
History: P.A. 75-619 deleted former Subsec. (b) which had allowed as affirmative defense the actor's belief that alleged
victim was above the specified age in cases where age is an element of offense unless victim is under 14, relettering Subsec.
(c) accordingly; P.A. 81-27 amended Subsec. (b) to exempt prosecutions for an offense under Sec. 53a-70b; P.A. 90-162
amended Subsec. (b) to exempt prosecutions for an offense under Sec. 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b.
Cited. 192 C. 154. Cited. 198 C. 190. Cited. 202 C. 86.
Cited. 3 CA 374.
Subsec. (b):
Discussion of "cohabitation" and burden of producing evidence thereof for entitlement to a charge on the affirmative
defense under statute. 181 C. 426. Cited. 209 C. 733. Cited. 233 C. 813.
Cited. 1 CA 724. Cited. 10 CA 709. Cited. 11 CA 102. Sec. 53a-67(c) (Revised to 1972) cited. Id. Cited. 25 CA 384.
Cited. 28 CA 581; judgment reversed, see 226 C. 601. Cited. 41 CA 604.