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?

 

[fogg88]

It's perfectly legal, as long as their parents sign their permission slip.

 

[hardrock]

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

A friend of mine is rumored to have nailed one from the bar up the street. I wasn't there so I can not say. He says she was normal, my friends that were there say otherwise. he gets shit about it every time I see him.

 

[Daernoth]

I think it's legal, but wholely un-ethical.

 

[Lao Tzu]

IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.

 

[Nathan]

Retarded chicks rule.

 

[HulkRow]

why would you even want to?

if you yourself had downs then yeah, but a normal man? thats just weak.

 

[OXANDRIN]

i'd hit one

 

[distanced]

 

[spentagn]

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.

We can execute retards here in Texas, though it doesn't really happen. I had the pleasure of meeting the last "retarded" inmate who was executed, and he definitely seemed able to make rational decisions. I have a second cousin w/ down's syndrome, and the differnece in mental capacity is amazing.

 

[VicTusDeuS]

Depending on the level of retardation, the court may see that person as a minor at any age. In order to legally have sex with them, you would have to get consensual permission from their legal guardian. If you marry them I think you automatically become responsible. Kinda off topic but I had a friend whos mom had a stroke and is now not mentally capable of making her own decisions. A POA was issued to his dad he now has the say in what happens in her life.