is it legal to have sex with someone who has down syndrome?

[p0ink]

i was arguing with a friend about this.

i say it would be illegal, because they arent in the right state of mind to give permission. it's pretty much rape.

my friend on the other hand, says the rules still apply as with any normal relationship. as long as both parties consent, then it's ok.

i dont see how a retarded person could give consent though, since they are at the same level as a kid.

who's right?

 

[danielson]

i would say yes it is legal....in that psychiatric patients can have a similar arguement put forth, but its still legal for them

if there was a whiff of non-consent or manipulation however.....

 

[p0ink]

yeah, i was thinking the same thing.

i saw something on tv where a normal guy married a chick with down syndrome. that's why this was even a question.

 

[jesus 2]

that's it. i gotta find me a downs chic.

 

[WarriorPL]

I think it's legal... if she says yes, then yes it is.

 

[manny78]

Would be legal assuming he/she is over 18/21 (depending on your State/province). But to get married would be a different story. SInce they can't legally negociate a contract I'm trying to figure out how. Maybe his tutor could.

 

[juicy fruit]

What about if retard #1 (male) rapes retard #2 (female).....

I wonder if retard #1 (male) could get charged with rape?

 

[juicy fruit]

What about if retard #1 (male) rapes retard #2 (female).....

I wonder if retard #1 (male) could get charged with rape?

 

[manny78]

What about if retard #1 (male) rapes retard #2 (female).....

I wonder if retard #1 (male) could get charged with rape?

No cause he doesn't have the capacity to commit crimes (the Mens rea is lacking there). Unless your laws are different there but I doubt.

 

[Puc]

manny the age of consent is 16 in most states. the 18 misconception is prevalent. Kids have certain rights (vote, fuck, drink, drive) at different ages.

Also, on the retard1/retard2 question.... did anybody see the episode of law and order where benny was charged with that?