The jury also found Labrie not guilty of simple assault.Prosecutors had alleged that Labrie committed this misdemeanor by biting the girl’s chest.(d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future.(e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion.The following information was taken directly from the New Hampshire state legislation website at Definitions. “”Actor” means a person accused of a crime of sexual assault. “”Affinity” means a relation which one spouse because of marriage has to blood relatives of the other spouse. “”Genital openings” means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum. “”Pattern of sexual assault” means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years. “”Retaliate” means to undertake action against the interests of the victim, including, but not limited to: (a) Physical or mental torment or abuse. (h) Emission is not required as an element of any form of sexual penetration. “”Therapy” means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods. (b) When the victim is physically helpless to resist. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification. “”Sexual penetration” means: (a) Sexual intercourse; or (b) Cunnilingus; or (c) Fellatio; or (d) Anal intercourse; or (e) Any intrusion, however slight, of any part of the actor’s body or any object manipulated by the actor into genital or anal openings of the victim’s body; or (f) Any intrusion, however slight, of any part of the victim’s body into genital or anal openings of the actor’s body; (g) Any act which forces, coerces or intimidates the victim to perform any sexual penetration as defined in subparagraphs (a)-(f) on the actor, on another person, or on himself. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength.This provision allows partners who are close in age, or both under the New Hampshire age of consent, to engage in consensual sex without fear of prosecution under New Hampshire age of consent regulations.
(c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats.Paul's School in Concord in 2014.“Because if he were to say it was consensual, that's a good defense for the aggravated (felonious sexual assault) charges, but it walks his client right into a conviction for the misdemeanor sexual assault,” Ruoff said, in an interview before the verdict was announced. Apparently, DNA found on the girl's underwear and Labrie's own bragging to friends were more convincing than his denial that sex occurred.On Friday, a jury found former New Hampshire prep school student Owen Labrie not guilty of felony rape—but also convicted him of several lesser charges.The Legislature later amended the law to set the age difference for a misdemeanor at 4 years, to align with federal laws for sex offender registries, according to Amanda Grady Sexton, director of public policy for the New Hampshire Coalition Against Domestic and Sexual Violence, which supported the change.David Ruoff, a former prosecutor for the Attorney General's Office, is now in private practice as a defense attorney in criminal and civil cases.