Sec. 11.41.445. General provisions.

270 words·~1 min read·/ak/title-11/chapter-41/11-41-445·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a prosecution under AS 11.41.434 — 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.

(b)In a prosecution under AS 11.41.410 — 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant

(1)reasonably believed the victim to be that age or older; and

(2)undertook reasonable measures to verify that the victim was that age or older.

(c)In a prosecution under AS 11.41.410 — 11.41.427, where consent is at issue,

(1)an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction;

(2)a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent;

(3)a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, “professional purpose” means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant.