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A disturbing recent news item in the US has an intellectually disabled, non-communicative woman in a full-time care facility giving birth. DNA reveals the baby's father is a nurse at the facility. He claims he did not sexually assault her and has retained legal counsel.
I think he's guilty as sin, and is just posturing in attempt to save his ass (literally). Her inability to communicate pretty much removes any capacity to give consent. I foresee lots of non-consensual prison sex in his future.
But it raises an interesting question. Can an intellectually disabled person consent to sex?
Some examples:
- a person with autism
- a person with Down syndrome
- a person with spina bifida which impacts their intellect as well as their mobility
- a person with a brain injury
- a person being treated for a disabling mental illness
I think he's guilty as sin, and is just posturing in attempt to save his ass (literally). Her inability to communicate pretty much removes any capacity to give consent. I foresee lots of non-consensual prison sex in his future.
But it raises an interesting question. Can an intellectually disabled person consent to sex?
Some examples:
- a person with autism
- a person with Down syndrome
- a person with spina bifida which impacts their intellect as well as their mobility
- a person with a brain injury
- a person being treated for a disabling mental illness