Is it legal for a woman of average intelligence to have sex with a man who's moderately mentally retarded if both are over the (chronological) age of 18?
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| wiccanhot | is this statuatory (sp?) rape? |
    5,056 / 50,000 Joined: Oct 3, 2004
Location: New York City Posts: 36
Posted on:
May 6, 2008 - 19 10 |
Is it legal for a woman of average intelligence to have sex with a man who's moderately mentally retarded if both are over the (chronological) age of 18? |
14,160 / 50,000
May 6, 2008 - 22 28
They are both legal to. I think it would be fine. I think someone has to complain for statuatory rape, or at least one of the two has to admit to doing it, or something. I think it would depend on how mentally retarded he is. if he can think and decide for himself rationally, I think it wouldn't be.
I am not an expert, however, this is just from what I understand.
50,348 / 50,000
May 7, 2008 - 10 53
Also it depends on their other relationship ... if she's his caretaker, then of course it's not allowed. Any patient/doctor or similar relationship would be forbidden, regardless of age and mental abilities.
If he's in a situation where he lives on his own and takes care of himself, more or less, then he's probably okay. If not, someone is likely to complain. Whether a judge decides it was legal or not, it'd definitely be a messy scenario at that point.
80,557 / 50,000
May 7, 2008 - 22 55
It will vary from state to state depending on the specific state’s statutes. In some states if an individual is incapable of consent due to retardation then it is a crime.
Hope this is of some help.
RLP
0 / 50,000
May 9, 2008 - 18 19
I'm not sure about the mental health part but I know that any sexual act where one person is 18 and the other is 17 or under is considered statuatory rape, even if no one complains or brings in the law.
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50,084 / 50,000
May 9, 2008 - 19 36
My cousin, who works in the health care system, is dating (possibly living with, but we hardly see her) someone mentally impaired. She isn't a nurse or designated caretaker for him, so it was okay for them to date. Her boyfriend can still technically care for himself though (he suffered a head injury during a car accident, so he's still able to care for basic needs, it's more his social and memory skills that have suffered). So, I don't think it would be statutory rape.
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461 / 50,000
May 9, 2008 - 21 04
The specific ages vary from state to state in the united states.
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