Re: Kissing and cuddling illegal between retards?

On Fri, 30 Sep 2005 12:31:39 +0100, Graham Murray
<newspost@xxxxxxxxxxxxxx> wrote:

>"Dr Zoidberg" <AlexNOOOOO!!!!!!@xxxxxxxxxxxxxxxx> writes:
>
>> People with severe learning difficulties can not give informed consent , so
>> on a theoretical basis at least , two mentally handicapped people would be
>> breaking the law if they were to engage in sexual activity.
>
>Which could be academic as if they do not have the capacity to give
>informed consent then they do not have sufficient capacity to enter a
>plea.

You would think so, but that is *not* how the law usually works. Many
people who are deemed incapable of giving consent to sex are
nevertheless deemed capable of having criminal responsibility and can
thus be prosecuted for committing a crime. The matter of consent does
not enter into the decision to commit a criminal act.

--
Cynic


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