This document constitutes Jury Instruction No. 28 from the trial of Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed on December 17, 2021. It outlines the legal standards for 'Count Six: Sex Trafficking of a Minor,' specifically regarding a victim named Carolyn. The instruction clarifies that consent is not a defense if the victim is under 18 and defines 'commercial sex act' broadly to include the exchange of anything of value.
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of the jury instruction; Government must prove she knew Carolyn would be caused to engage in a commercial sex...
|
| Carolyn | Victim/Minor |
Named victim in Count Six; described as being under the age of 18.
|
| Name | Type | Context |
|---|---|---|
| The Government |
Must prove the elements of the crime beyond a reasonable doubt.
|
|
| DOJ |
Implied by footer 'DOJ-OGR-00008492'.
|
"It is not relevant whether or not Carolyn was a willing participant in performing commercial sex acts when she was under the age of 18 years old."Source
"Consent by the person is not a defense to the charge in Count Six of the Indictment if Carolyn was under the age of 18 at the time the commercial sex acts took place."Source
"It is also not required that the person actually performed a commercial sex act so long as the Government has proved that the Defendant recruited, enticed, harbored, transported, provided, or obtained the person for the purpose of engaging in commercial sex acts."Source
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