(a) In any prosecution for an offense under this part based on the victim's being mentally incapacitated, physically helpless or impaired because of mental disability or disease, 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; P.A. 13-47, S. 4.)

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; P.A. 13-47 amended Subsec. (a) to substitute “impaired because of mental disability or disease” for “mentally defective”.

Cited. 192 C. 154; 198 C. 190; 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; 233 C. 813.

Cited. 1 CA 724; 10 CA 709; 11 CA 102; 25 CA 384; 28 CA 581; judgment reversed, see 226 C. 601; 41 CA 604.