Consent to Sex With a Mentally Ill Adult

My question involves criminal law for the state of: New York? California?

Anyway I'm 31 and my girlfriend is 22. We've been seeing each other for a little while but recently her husband did this thing where he's now basically her "guardian" so to speak because she has some minor mental health issues and didn't want to be forced into therapy or medical treatment based on the physical condition her mental health has left her in. So he's basically her parent as far as the law is concerned and his first course of action is try and get me prosecuted for 'assaulting' her because I didn't follow his wishes to quit seeing her (obviously physical adult romance is involved between us) and he attests to have the legal right to do so. Does he? I mean he might be looking over her treatment but having total control doesn't seem reasonable.

The thing is he just did this on a power trip. She's still living away from him in California with me while he stays in New York where this judgement happened. He doesn't care if she get help she need but just so he can wield power over her. Is this permissible?

What do you mean that he "did this thing" that makes him "basically" her "guardian." Unless she is declared incompetent by the court, he can say whatever he wants but that doesn't mean it has any weight under the law. How do you know he has some form of guardianship? What legal paperwork issued by a court has she seen? What have you seen?

If she IS incompetent due to some form of mental incapacity, you could be committing a crime by having sex with her! And, potentially, by keeping her from her family!

If he gets some sort of court order, there will be a hearing attached and she can contest the order.

Perhaps she should get a divorce rather than continue the infidelity. It would make things a lot easier.

I suggest you run to the nearest attorney's office and speak with one. If the girl has been declared mentally incompetent (the only way a court is going t assign anybody as her guardian) you may be guilty of all sorts of crimes. If he is her legal guardian it had to be proven to the courts there is a reason to assign a guardian. It isn't a power trip. It's for her protection from people that would take advantage of her.

It is possible he told her this to try and control her or she is lying to you. It would be best for you to talk to an attorney Has she shown you any court documents ? By the way, if this is true, it will not prevent her from being forced into a mental facility if it is needed by the courts or by him.

You need an attorney, who could perhaps get you to explain what's really happening here, legally.

If this occurred in New York then you can be prosecuted for rape.

I agree with what everyone else is saying but I do find it hard to believe that a court would give a husband (or a wife for that matter) legal guardianship over a spouse who was not present in court to defend himself/herself. There is too much potential for an abuser to use something like that in order to exert control over a spouse that is trying to leave them. It would even be questionable as to whether or not a judge would have jurisdiction to do so, depending on how long she had been in CA.

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Quoting llworking

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I agree with what everyone else is saying but I do find it hard to believe that a court would give a husband (or a wife for that matter) legal guardianship over a spouse who was not present in court to defend himself/herself.

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I completely agree. But, there may be circumstances we are unaware of ... traumatic head injury, early onset dementia, etc. I think it unlikely as well which is why I asked if the OP had ever seen any court paperwork on the issue. It coul dbe the husband is bluffing to get her back, or, the OP is a slimeball who is taking advantage of a virtually helpless woman. Or, something in between.

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There is too much potential for an abuser to use something like that in order to exert control over a spouse that is trying to leave them. It would even be questionable as to whether or not a judge would have jurisdiction to do so, depending on how long she had been in CA.

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Yeah, that might require a new hearing in CA.

But, until the OP coughs up some more details, it's all supposition.

Or instead of getting a lawyer how about you just end things with your "girlfriend" until she is no longer married? Why go through this headache when you don't have to? You have zero obligations to her. It's on you but I would think your easiest solution is to just stop this relationship and find someone who isn't married.

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Quoting llworking

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...a spouse who was not present in court to defend himself/herself.

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Who knows if she was or was not present during court proceedings? You are assuming your "girlfriend" is being truthful with you.

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Quoting Highwayman

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Who knows if she was or was not present during court proceedings? You are assuming your "girlfriend" is being truthful with you.

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llworking isn't the OP.