Is it ok to have sex with a mentally handicapped individual?

[Jon Miller]

I think that more rapists are free than behind bars. I have heard statistics that a lot of guys (especially) would rape someone if they knew they could get away with it.

I think that we have to be pretty hard line to change this attitude.

JM

[Elok]

Originally posted by Deity Dude
If he can't judge that a 12 year old is underage he is mentally handicapped and therefore he was probably raped by the 12 year old.

Idunno. Girls are maturing (physically) much earlier these days, and I've met more than my share of girls over eighteen who appear to have the mentality of preteens...

[Elok]

Originally posted by Jon Miller
I have heard statistics that a lot of guys (especially) would rape someone if they knew they could get away with it.

I wasn't aware that rape was a thing women did.

[Jon Miller]

I know a girl who bragged about getting a guy so drunk that she had sex with him despite him not being able to consent (or do much at all) (my understanding is that he had refused her advances several times before).

There are plenty of situations of girls taking advantage of guys who are much younger (see the sexy teacher who had sex with the middleschooler/whatever). (or even my sister who mostly dated <18 yearolds well into her 20s)

Finally, even women can do the more violent/etc type rape that most people think of when they think of rape. Admittedly, this might be a rare thing.

JM

[Deity Dude]

RAH - I agree with your point just not the age. A 12 year old is in the 6th grade. If you tried to say that a 14 year old looked 18 - I might buy it. Not a 12 year old. But that is off topic.

If a woman consents to drinking than afterwards consents to sex while drunk that is not rape in my opinion. Society keeps telling us that drunk drivers have to be resposnible for their actions when they are drunk.

How many times growing up have you heard that being drunk is not an excuse for whatever poor behavior you display? If an adult woman or man consent to drinking (i.e. they weren't drugged) and then they consent to behavior they may not have consented to when sober that is their own fault and they should probably address their drinking problem instead of blaming an invited and willing partner for their problem.

So is the consenting drunk male raping the consenting drunk female or is the consenting drunk female raping the consenting drunk male. (Assuming it is a hetero pick-up that is)

That's why I posted this earlier. Assume a situation where both were drinking, both consented and the law allowed the "I was drunk so I got raped charge"

Once A accused B of rape couldn't B legally and morally accuse A of rape too. Or is it first accusation wins?

[rah]

Originally posted by Jon Miller
I think that more rapists are free than behind bars. I have heard statistics that a lot of guys (especially) would rape someone if they knew they could get away with it.

I think that we have to be pretty hard line to change this attitude.

JM

That's because the punishment is so harsh that they want to error on the side of caution. And the fact that many men are falsely accused by women that want to get back at them.

As I said, I don't want to stand up for rapists but it quite often hard to prove.

[rah]

Yeah DD, it may be more obvious at 12. When my daughter was younger some of the friends she brought over looked quite mature. But you're right, they were probably closer to 14, but again I'm sure there's a 12 year old out there that can make herself up to look of age.

On the drunk side, I tend to agree with you most of the way. The only exception is when one partner is literally passing out and the other knowingly takes advantage of it. But that one is almost impossible to prove, so it goes back to as you said, taking responsibility for your own actions.

[Asmodean]

Originally posted by Jon Miller
If for example they give consent, and than drink a whole lot... while they might not be able to give consent in their drunken state (since they are mentally handicapped in that state) consent was given (for the drunken state) at a prior time.

Jon Miller

Give consent, and then drink a whole lot.

Somehow I don't see a mentally disabled person saying "Not right now, but I'll f**k you at noon after I have had a few beers"

[rah]

I don't think many normal people would say that either.

[Zkribbler]

Originally posted by rah
It's my belief that if he questions the fact and the girl offers proof that she is of age (even if it's falsified, unless it's a blatantly obvious fake) That he shouldn't be prosecuted. Or if the girl looked 30 (obviously of age)

I know little about criminal law, but I belief the law is 180 degrees the opposite. Even if she presents convincing documents showing she's reached the age of concent, if she hasn't, the guy is toast.

[rah]

You're correct. I don't agree with that. I could see how this could be abused, but again, to destroy a guys life, he should have done something to deserve it.

[Deity Dude]

Originally posted by rah
You're correct. I don't agree with that. I could see how this could be abused, but again, to destroy a guys life, he should have done something to deserve it.

You might find this interesting but if the case falls under US military jurisdiction the law is different. If the defendant can show the following 4 tests were met:

the alleged vicitim

a) willfully consented
b) is at least 14
c) lied about her age
and
d) a reasonable person would believe the lie.

it is not rape. I imagine this was done to protect servicemen against underage prostitutes but it seems valid to me.

Also, there are many states where the age of consent is below 18 (Michigan is 16 for example) and some as low as 14.

[Ecthy]

Iowa?

[Alinestra Covelia]

www.boneage.net has answers to this.

[Combat Ingrid]

Originally posted by Zkribbler
And, as the guy, what do you do when one personality is saying "stop that, stay away," and another is saying, "hey big boy, come on and catch me."

Learn to keep better track of her menstrual cycles