Since it’s illegal for the mentally handicap to engage in sexual intercourse is it the same with porn, like sexually suggestive nude pics)? Just wondering.
Do you have a citation for your first assertion? And what jurisdiction are you talking about? Laws will vary across countries, and perhaps across states in the US.
It’s illegal for mentally handicapped adults to have sex?
From here, in Tennessee (first site I came up with).
As written it leaves a lot of grey area, but it exists. Of course, I haven’t done any digging and I have no idea how or if they define all the terms in there (including things like “the defendant has reason to know”).
That there is some pretty shabby lawyerin to read a sexual battery charge as you do.
What country - or century - do you live in?
Your quote also didn’t define “unlawful sexual contact”. It just mentions that accompanied by any of a bunch of other conditions.
The sexual contact has to be unlawful first. It becomes aggravated if those additional conditions are met.
Ermm… what?
I’m surprised that people are surprised at what I said.
Then it should be no problem for you to back it up.
I can understand that being a problem if the person is utterly unable to function, but surely someone who has a mental disability of some kind but can, say, hold minor jobs, live in a group home but otherwise care for many of their own needs, etc. can also understand and engage in sexual intercourse.
For Tennessee:
39-13-503. Rape
(a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a
victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) The sexual penetration is accomplished without the consent of the victim and the
defendant knows or has reason to know at the time of the penetration that the victim did not
consent;
(3) The defendant knows or has reason to know that the victim is mentally defective,
mentally incapacitated or physically helpless; or
(4) The sexual penetration is accomplished by fraud.
(b) Rape is a Class B felony.
ETA: First link on a Google search for tennessee code unlawful sexual contact
OK, well, first off: How is it illegal for mentally handicapped people to have sex?
Is it the case that both you and the OP are confused about how important the term “unlawful” is? Or did you mean to add something else here?
The issue isn’t that it’s unlawful for mentally incapacitated people to have sex, it’s that it’s considered to be rape for the person having sex with them.
That is the definition given by Tennessee. The term “lawful” is descriptive, it is not an additional requirement.
Or are you arguing that there is, for example, lawful cases where “sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent”?
That’s not the OP. OP never mentions rape. I want to know what the hell the OP is getting at.
I’m pretty sure that what you quoted is what the OP is getting at.
Maybe you should rephrase the question…like is it possible for the mentally handicapped to give meaningful consent for purposes of starring in a pornographic movie?