In a sexual assault case, how have the jury instructions been interpreted in the context of sexual assault cases?

Second, she argues that the court should not have included the indictment in the jury instructions. She objected at trial and we review for abuse of discretion. United States v. Chastain, 84 F.3d 321, 323 (9th Cir.1996). No authority holds that inclusion of an indictment prejudices the defendant. The court instructed the jury that "an indictment is but a formal method of accusing a defendant of a crime. It is not evidence of any kind against the accused." It did not abuse its discretion.

Third, she argues that the instructions eliminated an element of the crime by permitting the jury to find either that she was psychologically willing to commit the crime or that she was predisposed. We review de novo whether instructions misstate the law, but will reverse only for plain error because she raises this issue for the first time on appeal. United States v. Sterner, 23 F.3d 250, 252 (9th Cir.1994), overruled on other grounds, United States v. Keys, 95 F.3d 874 (9th Cir.1996) (en banc).