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Is it "Rape" to have sex with a retarded person? Posted by Neil Shouse Jun 03, 0 Comments We all know it's rape to use physical force or threats to make someone submit to having intercourse. Most of us are also pretty well aware that having sex with an unconscious person -- such as someone who is passed-out drunk -- also constitutes rape under California law. What is less known is the rule that having sex with an "incompetent" person can also get you charged with rape. In Penal Code , California rape law defines an "incompetent" as a situation where "a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Even if an incompetent person is an adult, and has sex willingly, and is conscious, the law may deem the person unable to give legitimate consent if she is retarded or mentally or developmentally disabled. Unfortunately, the law doesn't give much further guidance in defining mental competence.If we say that it's a crime to have sex with the mentally ill or disabled, fact that a person is sufficiently impaired that she requires some sort of a. Most of us are also pretty well aware that having sex with an unconscious consent if she is retarded or mentally or developmentally disabled. Love & Sex Mentally Challenged Sex & Mental Disabilities Sex For Mentally Challenged Websites Love & Mental Disabilities Sex & Autism/Love & Autism...the end of the story look at the video above ↑ ↑ ↑

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