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  1. #1
    Join Date
    Feb 2007
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    2,031

    Default Sex With A Mentally Handicapped Person

    Tn.

    There is a thread on another forum regarding a child custody case. The Mother of the child (7 months old) is 18, College bound after graduating w/ honors from high school. The father is "retarded" w/ mentality of a "7 year old". Mother is trying to stop visitation based on fathers retardation.

    Question: Is it a crime in Tennessee for a 17 year old ( that would have been her aprx age at the time of conception) to have sex with a mentally retarded person? If this man has only the reasoning skills of a 7 year old would he legally be able to consent to sex?


    I googled but was unable to fine anything regarding sexual assault on the retarded.

    Thanks for your help!!

    Bay

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Is this a sexual offense?

    Adult retarded people are allowed to have sex.

  3. #3
    Join Date
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    Default Re: Is this a sexual offense?

    It will depend on the full context of the offense. seniorjudge is correct, assuming the person has the capacity to consent.
    Quote Quoting Tennessee Code § 39-13-504. - Aggravated sexual battery.
    (a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
    (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

    (2) The defendant causes bodily injury to the victim;

    (3) The defendant is aided or abetted by one (1) or more other persons; and
    (A) Force or coercion is used to accomplish the act; or

    (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
    (4) The victim is less than thirteen (13)

  4. #4
    panther10758 Guest

    Default Re: Sex With A Mentally Handicapped Person

    If Dad has mental ability comparable to a 7 year old then how could he have the ability to consent?

  5. #5
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Sex With A Mentally Handicapped Person

    That's a valid question, and one that a prosecutor or court would have to evaluate if somebody tried to initiate charges. It should be recalled, though, that mental handicaps are not necessarily equal in effect across all aspects of cognition or behavior.

    The reference to functioning as a seven-year-old probably refers to an IQ test result, which (depending on the basal age for the test) probably indicates an IQ in the low forties to the low fifties. I suspect that if a complaint were made, the authorities would take a hard look at whether he was capable of consent.

  6. #6
    Join Date
    Feb 2007
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    Default Re: Sex With A Mentally Handicapped Person

    I want to thank you all, for your help in clearing up this question for me!!!

    So...Thanks!!!


    Bay

  7. #7
    Join Date
    Nov 2006
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    368

    Default Re: Sex With A Mentally Handicapped Person

    Also Baystategirl the father may have been involved in some sort of accident that rendered him mentally challenged after she became pregnant. Just thought a different view might be appreciated.

  8. #8
    Join Date
    Feb 2007
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    2,031

    Default Re: Sex With A Mentally Handicapped Person

    Quote Quoting nite_riderusa
    View Post
    Also Baystategirl the father may have been involved in some sort of accident that rendered him mentally challenged after she became pregnant. Just thought a different view might be appreciated.
    that was not the case...but thanks for the view...

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