If someone is accused of rape because the sexual partner was retarded or incompetent, the issue of the alleged victim's mental state becomes a question of fact for the jury. The mentally retarded show a lower rate of offspring production than the nonretarded, yet the majority of mentally retarded individuals are potentially fertile with margins for individual variation. However, mentally retarded individuals have developmental delays in learning, processing information, and independently caring for themselves. A thorough examination may reveal bruising or infection in the genital area. Am J Ment Def.
It's legal of both parties are of age and if both parties are capable of giving informed consent see below for details. Am J Ment Def. Vineland Adaptive Behavior Scales. There is an approximately 2-fold increase in psychopathology among mentally retarded persons. Staff members' attitudes towards the sexual behavior of mentally retarded residents. If someone is accused of rape because the sexual partner was retarded or incompetent, the issue of the alleged victim's mental state becomes a question of fact for the jury. Four Categories of Mental Retardation Based on the aforementioned standards set forth by the APA, mental retardation is classified into 4 categories: There are 4 recognized exceptions to the doctrine of informed consent: Here's what the law says in the state of Kentucky I'm not from Kentucky, by the way Diagnostic and Statistical Manual of Mental Disorders. First, states often have statutes for the mentally retarded citizen separate from the general sex offense statutes. Today, it is employed for children below the age of 6, the cognitively impaired, or the extremely gifted. Sexual abuse prevention for persons with mental retardation. The following few paragraphs will discuss current laws on sexual abuse and will define the legal terminology employed by such statues and codes. Open in a separate window Third, since mental retardation is defined as a disruption of a child's developmental process, onset must occur before the age of full mental development, i. Sexuality and the mentally retarded adolescent. The Wechsler Preschool and Primary Scale of Intelligence is the most recent modification and is used to assess children 4 to 6 years of age. A Guide to Consent. Profile of Individuals With Mental Retardation Individuals with mental retardation fall within a spectrum of abilities, characteristics, and personal attributes, as is seen in any general population. 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. Fourth Edition, Text Revision. Finally, medicine's role in the courtroom will be elucidated with recommendations to the primary care physician on how to play an advocate's role in the clinical setting. Open in a separate window Mild mental retardation is the most common category and is typified by an IQ of 50—55 to Although, predictably, state laws governing the finding of incompetency and incapacity are both vague and varied, generally there are provisions to establish a guardianship or conservatorship in the case of a ruling of incompetence. Documentation of ability to perform household or daily living tasks, such as the 10 AAMR-designated adaptive skill areas, can provide key evidence for the court.
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