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

[Provost Harrison]

Originally posted by Snotty

my question was a result of a discussion with my perfect 10 non handicapped missus

Tell your missus that it is fine and that she is not doing anything wrong

[rah]

Originally posted by Berzerker
How the hell is someone supposed to know if a mentally handicapped person is smart enough to consent? That sounds like an arbitrary boundary... Dumb people are still people and I aint inclined to tell them they gotta date other dumb people (2 dumb people = consent?).

Thanks, that's exactly the question I want answered.


and @ PH.

[MikeH]

@ PH

[Alinestra Covelia]

Originally posted by Jon Miller

What happens when two 12 year olds have sex?

JM

In some states this is specifically addressed by statute as being a case of a misdemeanor which does not carry formal rape charges.

I believe (though I could be wrong) that in common law states that do not have specific statute, that this becomes an unusual case where both minors have legally raped each other. As of the late 1990s that was the case in Britain, although the law may have been amended since then.

[molly bloom]

Originally posted by Jon Miller


What happens when two 12 year olds have sex?

JM

Another Texan might be produced.


Unless of course it's a twelve year old boy and a twelve year old cow.

[chequita guevara]

Originally posted by Berzerker
How the hell is someone supposed to know if a mentally handicapped person is smart enough to consent? That sounds like an arbitrary boundary... Dumb people are still people and I aint inclined to tell them they gotta date other dumb people (2 dumb people = consent?).

If you can't tell the person you are with is mentally handicapped just by talking to them, then it's probably okay to have sex with them, since you're mentally handicapped yourself.

[Kidlicious]

[rah]

Originally posted by chegitz guevara


If you can't tell the person you are with is mentally handicapped just by talking to them, then it's probably okay to have sex with them, since you're mentally handicapped yourself.

I'd expect that comment to come from a mentally handicapped person.

It's not deciding if the person is mentally handicapped but what degree of handicap determines whether they can or can not consent to have sex. There are many different types of mental illnesses. When is the line crossed? How do you decide? But I guess you can tell by just chatting with a person for a couple of minutes. I have one friend that can barely communicate and you might think they are metally challanged but after repeated communications, it's become apparent that they are just communications challanged and not mentally challanged.

[Zkribbler]

To expand on what rah was just saying.

Once upon a time, a sexual harassment case was making its way though one of the other courtrooms here. Plaintiff alleged all kinds of foul disgusting actions by the defendant.

Then we learned that plaintiff had multiple personalities, and her "Brandy" personality really liked what defendant had been doing and had been encouraging him to do more.

Luckily, the case settled before it went to trial.

As a juror, how could you decide that case? 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."

[rah]

Exactly, it's not always so clear. And I guess some people think that certain facial features and expressions are visual clues that a person is mentally challanged when they could simply have been the result of a stroke.

[Jon Miller]

It isn't clear after a small conversation, but it is clear after getting to know someone well.

JM

[rah]

Agreed, but there are people out there that have sex before they get to know someone well. While there are those that may consider it immoral, it's not illegal and it happens a lot. So would that be rape if a person didn't know?

[Jon Miller]

What happens if a guy had sex with a 12 yearold and didn't know she was 12?

Jon Miller

[Deity Dude]

Originally posted by Jon Miller
What happens if a guy had sex with a 12 yearold and didn't know she was 12?

Jon Miller

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.

[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)
If she looked 12 and he didn't try to check it out, Fry the bastard.
Again, every cirmcumstance is different and should be judged as such.

It's the same for those that consider having sex with a women that is drunk could be considered wrong or even considered rape. What is the definition of too drunk. Even if you use a blood test, there are some experienced drinkers that could be legally drunk but not that impaired, or others that one drink and they're hammered. Put on top of that a tipsy male. It's not so clear.

If we say any woman that's ever had sex after having a few drinks was raped. A considerable amount of the male population on this planet would be sitting in jail cells.

A rape conviction (or even in some cases just the accusation) can destroy a man's life. While I have no love for rapists, but the punishment shouldn't exceed the crime.

"what are you in for"
"I went out to a bar and hooked up with a girl for a one-nighter and now am in prison for 5-20 years"

There is a lot of gray area on these matters.