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US Law, enthusiasm, and sex

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- Mon, 12 Oct 2020 18:54:33 EST 987QG3rc No.46704
File: 1602543273728.png -(502995B / 491.21KB, 2667x2000) Thumbnail displayed, click image for full size. US Law, enthusiasm, and sex
scenario:

Two 18 year olds, one man and the other woman, agree to have sex in the privacy of the male's apartment. Both individuals are at the highest end of the enthusiasm spectrum. A neighbor overhears the enthusiastic couple having sex. The police are called, the enthusiastic man is arrested and charged with rape. The cops and neighbor argue that the enthusiastic girl in question does not have the intellectual capacity to consent to sex. The enthusiastic girl, tears streaming down her face, protests this declaration by the police and neighbor with the upmost vigor.

the court case goes to the current 2020 Supreme Court of the United States. What does the court rule? Did the enthusiastic man in question commit the crime of rape?
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[name redacted] !h55/E7mIo6 - Sat, 17 Oct 2020 11:19:12 EST CRMpFElT No.46705 Reply
Probably not. If they're both disabled to the same level, and the woman is disabled to the point that she can't consent, then the man would also not have the capacity to understand what he's doing is wrong and be ineligible to stand trial or be charged. The neighbours opinion has no standing at all, except for maybe making noise complaints, but that's a different issue. This is just from an Australian perspective as well, but I'm sure America has similar procedures regarding the handling of those with a diminished intellectual capacity.
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John Weshbatch - Sat, 17 Oct 2020 23:31:48 EST gcr1U/2q No.46706 Reply
>>46704
Unless this happened on federal or tribal land, the only way that the Supreme Court could get involved is on appeal of something, probably some kind of constitutional violation.

>>46705
It is not unheard of for people who cannot consent to sex to be charged with rape. Statutory rape specifically is often a strict liability offense where diminished capacity is not a valid defense. I don't know how things work in Australia, but in the US prosecutors have a lot of discretion about whether to bring charges. Realistically, the whims of these prosecutors are often the only thing preventing legal travesty.
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[name redacted] !h55/E7mIo6 - Sun, 18 Oct 2020 12:42:49 EST CRMpFElT No.46707 Reply
>>46706
Oh wow, didn't know you had stuff like that. Ours isn't so much a defense with diminished capacity, although it can be later, but it's more that it would be unfair to even conduct a trial where a person cannot understand what's going on. If I remember correctly, when the original plea occurs, you can put in the application for diminished capacity, and then there's sorta a pre-trial trial thing that gets decided within a year.

I think with our statutory rape, diminished capacity can be used as a defence, in that you have to have been aware they were in a condition where they couldn't consent like underage or mental disability, Which in this case, would seem open and shut if she's that disabled that anybody could tell, but the question isn't if an average person can tell, it's if the disabled person was aware she couldn't consent, which I think would be unlikely if he's as disabled as her.

It's an interesting situation for sure though.

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