Kind of question-begging in he context of a discussion of whether and to what degree she was incapacitated.
Exactly the point. Who says that the patient was unable to give consent? You? A doctor?
Just because a doctor signs a paper that says a patient is legally unable to consent to sex, that doesn’t necessarily make it legally true.
It is certainly true that if a patient really is legally unable to give consent, and someone has sex with them anyway, that becomes statutory rape, even if the patient actually consented. But before you can charge someone with statutory rape, you first have to prove that the sex actually happened, and you also have to prove that the victim really was legally unable to give consent. In the case of a 15 year old minor, this is easy to do, you just have to prove that the victim was 15 years old. In the case of a 75 year old patient in a nursing home it’s not that simple. It is something that would have to be actually proved beyond a reasonable doubt before you could convict someone of a crime. A doctor who saw the patient for a few minutes one time and decided she was unable to consent to sex doesn’t automatically meet that standard of proof.
And that’s probably why these kinds of prosecutions rarely happen. What would be involved in a full, comprehensive evaluation on ability to consent? Would the person alleged to be incapable need a comprehensive psychological evaluation with IQ test, cognitive skills test, and a full assessment for potential mental disorders? Doesn’t that sort of thing normally take hours? And also, wouldn’t that sort of thing cost at least a few hundred dollars?
That does not matter , I still would have to anything that could be abuse , I was
a mandated reporter .