Proof that the act of sexual contact occurred without the victim's permission can be based on evidence of conduct or words in light of surrounding circumstances, and must demonstrate beyond a reasonable doubt that a reasonable person would not have believed that there was affirmative and freely given permission. If there is evidence to suggest that the defendant reasonably believed that such permission had been given, the State must demonstrate either that the defendant did not actually believe that such permission had been freely given, or that such a belief was unreasonable under all of the circumstances. In determining the reasonableness of defendant's belief that the victim had freely given affirmative permission, you must keep in mind that the law places no burden on the alleged victim to have expressed non-consent or to have denied permission. The State is not required to prove that the victim resisted. Bodily injury means physical pain, illness or any impairment of physical condition.
Temporary incapacity means more than a mere fleeting, short-lived or brief incapacity.
In other words, you must decide if the State has proven beyond a reasonable doubt that the injury did not occur in such an unexpected or unusual manner that it would be unjust to find defendant responsible for the injury. In summary, if you find that the State has proven, beyond a reasonable doubt, each of the three elements as I have just explained them, that is, one, that defendant committed an act of sexual contact, two, that the defendant used physical force or coercion, and third, that as a result of the defendant's conduct the victim sustained severe personal injury, then you must find the defendant guilty of aggravated criminal sexual contact. On the other hand, if you find that the State has failed to prove any of these four elements beyond a reasonable doubt, then you must find the defendant not guilty of aggravated criminal sexual contact. This language on causation is written on the assumption that no culpability on the part of the defendant is required for causing injury to the victim. If the State and the defendant offer different factual theories of causation, each should be summarized for the jury.