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  1. #1
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    Jun 2016
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    Default Taling About Sex With a Mentally Impaired Person

    My question involves criminal law for the state of: This kind of a weird one that I have been unable to find any information on so bare with me. My girlfriend was in a bad accident that left her with brain damage. I stayed with her and after she got well enough to talk and use the telephone she contacted me and started asking about our relationship. Because of the accident she didn't have much memory of the previous few months. I told her everything she wanted to know even when she started asking sexual questions. Now no sex has taken place since her accident and she's 29 years old for anyone who is wondering. When her parents found out the started harassing and threatening to prosecute me. According to them her doctor wrote her off as mentally incompetent and therefor a minor? That sounds weird out loud so I don't know if that makes any sense. Does anyone here think they have a case? This whole thing just seems bizarre to me.

  2. #2
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    Nov 2013
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    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    If she has be declared mentally incompetent, it is likely that the parents have been granted guardianship over her. If that is the case, you have to abide by what they say. They say to stay away from her and don't communicate with here, that is what you do.

    It may sound weird to you that a 29 year old could be treated as a minor, but that is a legal reality. They could have you prosecuted or at least file a complaint against you.

  3. #3
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    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    Quote Quoting budwad
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    If she has be declared mentally incompetent, it is likely that the parents have been granted guardianship over her. If that is the case, you have to abide by what they say. They say to stay away from her and don't communicate with here, that is what you do.

    It may sound weird to you that a 29 year old could be treated as a minor, but that is a legal reality. They could have you prosecuted or at least file a complaint against you.
    What would happen if the OP and his girlfriend had been married at the time of the accident? Would her parents still have been able to assert guardianship over her? Or would her husband have become her guardian?

    Perhaps the OP can sue and become her guardian now?

  4. #4
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    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    Quote Quoting TechWorker
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    What would happen if the OP and his girlfriend had been married at the time of the accident? Would her parents still have been able to assert guardianship over her? Or would her husband have become her guardian?
    Those would be questions for a court to decide based on the full facts.

    Quote Quoting TechWorker
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    Perhaps the OP can sue and become her guardian now?
    Nope. OP has zero standing to even try. A court would also be wary to appoint a paramour as a guardian for someone who no longer has the legal right to consent.

  5. #5
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    Oct 2014
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    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    Quote Quoting TechWorker
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    What would happen if the OP and his girlfriend had been married at the time of the accident? Would her parents still have been able to assert guardianship over her? Or would her husband have become her guardian?
    The husband would generally be appointed guardian over the parents, but it would matter what was presented in the guardianship hearing as to the husband’s ability to properly care for his wife.

    Quote Quoting TechWorker
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    Perhaps the OP can sue and become her guardian now?
    Extremely unlikely. A lot depends on the applicable state law and we don’t know the state where the disabled girlfriend lives. It may be that he’d not have any standing and thus would have no shot at all. Even if he did have standing, he may well be precluded from pursuing it by failing to seek guardianship during the guardianship proceedings brought by the parents. Finally, even if he got into court on this, a court will pretty much always give guardianship to a spouse or relative over a legal stranger, even if that stranger had been her boyfriend before the accident. He would, at the very least, have to prove them unfit at this point to get the court to change guardianship. And he may not want it. It is neither easy nor cheap providing care for an incompetent adult.

  6. #6
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    Jun 2016
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    141

    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    Quote Quoting Taxing Matters
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    Extremely unlikely. A lot depends on the applicable state law and we don’t know the state where the disabled girlfriend lives. It may be that he’d not have any standing and thus would have no shot at all. Even if he did have standing, he may well be precluded from pursuing it by failing to seek guardianship during the guardianship proceedings brought by the parents. Finally, even if he got into court on this, a court will pretty much always give guardianship to a spouse or relative over a legal stranger, even if that stranger had been her boyfriend before the accident. He would, at the very least, have to prove them unfit at this point to get the court to change guardianship. And he may not want it. It is neither easy nor cheap providing care for an incompetent adult.
    Can the boyfriend at least sue for visitation rights?

  7. #7
    Join Date
    Jul 2010
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    Default Re: Sexual Innuendo when the Person is Mentally Impaired

    Quote Quoting TechWorker
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    Can the boyfriend at least sue for visitation rights?
    No. There is no such thing as visitation rights for a boyfriend.

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