It’s certainly illegal in my state(NJ) and from what I am heard many other areas due the fact that they can not fully comprehend what is going on(which is a pretty reason to make it illegal).
Just sit back and let our OP clarify himself.
Only a subset of mentally handicapped people have diminished capacity to consent. The issue isn’t the mental handicap or illness per se, it’s the resulting inability to consent that can result from the mental handicap.
So to rework your OP, “Is it illegal to make porn with a person who can’t consent?” I’d bet, yes.
nm.
While by porn I speaking more in the context of sexting and such. Like with teenaged minors.
Still, you have the initial clause that requires the sexual contact to first be unlawful, then second involve any of the listed circumstances. This seems to imply that sexually penetrating a person that one knows or has reason to know is mentally defective, mentally incapacitated or physically helpless is not per se a violation of this statute, it’s only a violation if the sex would otherwise be unlawful even if the alleged victim was mentally competent and physically able.
Is there a generic “unlawful sex” statute that defines a basic, unaggravated standard as to what kinds of sex are inherently unlawful and subject to aggravating penalties if it is done using force, without consent, against an incapacitated person, etc?
I already addressed that in post 17. “unlawful” is descriptive, not an additional requirement.
So you’re saying, then, that we are free to have lawful sexual contact *without the consent of the victim *? As long as it’s not unlawful sex without consent, we’re good. Right?
Again… what?
…Need answer fast?
I know what “sexting” is, it’s just…
Nevermind, I don’t think think I’ll come back to this thread.
I think the issue is that consent is necessary, and mentally handicapped people (at least for some values of “mentally handicapped”) are presumed to be incapable of consenting.
Perhaps if you actually fleshed out a fully formed OP (or more complete answers to questions) explaining what you’re talking about, defining terms and explaining the question throughly we wouldn’t have to play these back-and-forth games. You do have a certain responsibility to craft an OP and follow up answers that promote discussion.
Are you asking if a mentally handicapped person can sext minors? Same law applies to every adult. I actually remember years ago hearing on the news that a 14 year old girl prostituted herself to a mentally handicapped adult. It was the adult that was charged, as it should be.
I’m surprised that you are surprised that people are surprised by what you said.
After reading the thread in GQ where a quadraplegic is complaining about not having been able to obtain sexual release for years and being constantly horny, this one.
Making intercourses with mentally challenged people illegal in all circumstances as it’s apparently the case in at least some places is yet another great idea. :rolleyes:
No, I’m asking if a mentally handicapped sexting is treated the same way as a minor sexting.
As it should be? Even if the person’s mental age below the girl’s?
I agree with this. The TN law is certainly vague and overly broad, but one can see that the intent is to prohibit the exploitation of someone who is truly mentally retarded/ challenged such that he or she is almost childlike and unable to meaningfully consent to sex. The law certainly doesn’t, or shouldn’t, apply to an otherwise functional adult person who happens to be dimwitted. No need to conduct an IQ test before taking someone home from a bar.
I didn’t think it was either if the mentally disabled adult was consenting to it…though guess it depends on your definition of mentally disabled, it being illegal to have sex with the mentally retarded I could understand.