State v. Allore

Summary

The court held that consent is not a legal defense to charges under either the medical-provider provision or the surprise provision of the sexual-assault statute. For the medical-provider provision, the nursing statute establishes that sexual conduct between a nurse and client is professional misconduct regardless of consent; for the surprise provision, consent may be presented as evidence supporting the defendant's theory of the case but not as an affirmative defense. The court also rejected the defendant's vagueness challenge and remanded for further proceedings.