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Case 1:20-cr-00330-PAE Document 494 Filed 11/22/21 Page11of12 The Honorable Alison J. Nathan November 11, 2021 Page 11 consent. The defense proposes the following instruction, which is modeled on the proposed instruction for Accuser-3: You have heard testimony from this witness about sexual activity between her and Jeffrey Epstein that occurred [choose all that apply: in Florida when she was above the age of 18; in the U.S. Virgin Islands when she was above the age of 18; in New York when she was above the age of 17; in New Mexico when she was above the age of 16; in the United Kingdom when she was above the age of 16]. For the purposes of your deliberations, I instruct you that at all times relevant to this case the legal age of consent for sexual activity [choose all that apply: in Florida was 18 years old; in the U.S. Virgin Islands was 18 years old; in New York was 17 years old; in New Mexico was 16 years old; in the United Kingdom was 16 years old]. If you find that the witness engaged in sexual activity after she was above the relevant age of consent, I instruct you that any such sexual activity was lawful and cannot be considered “illegal” or “criminal” or “unlawful” for purposes of the crimes charged in the indictment. IV. Accuser-3 Cannot Be Considered a “Victim” for Any Legal Purpose The Court ruled at the November 10" hearing that Accuser-3 could not be considered a “victim” of the crimes charged in the $2 Indictment and that the government should not refer to her as a “victim” or a “minor.” Accordingly, there is no need for the defense to respond to the government’s November 7" Letter. Respectfully submitted, /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor 2049808. 1 DOJ-OGR-00007447