June 08, 2004

Sexual Autonomy and the Mentally Retarded. Eugene Volokh tropes on recent judicial opinion on this Solomonic issue.

Sex with the mentally retarded is generally treated as statutory rape [....] [I]f you take this seriously, the mentally retarded would be legally forbidden to have any sex ever in their lives.
I have a cousin with Down's, and I don't have any practical problem with giving her parents (my aunt and uncle) executive authority over all aspects of her life, including her love life: they're merely continuing the role of parent that, for a mentally competent child, would diminish with the child's maturity. But once the parents die, who exercises this role? The state? And should the parents have such power?
posted by goetter 20 years ago
  • I suppose it depends on the mental age of the "child." And who the partner is. On the other hand, would anyone who got a retarded girl pregnant step up to taking care of the resulting progeny? There are so many layers of "ifs" here.
  • Yes Path. Isn't this a thorny tangle! Almost every incidence would need a case-by-case assessment.
  • Case-by-case assessment clearly has no place here. Zero Tolerance is our only hope! [/sarcasm]
  • it absolutely would have to be decided case by case . i've worked with down's individuals as an acting coach and in a social work capacity, helping them to move into their own apartments. some of them are very high functioning, and emotionally equipped to manage their intimate lives - which is sometimes more than i can say for some of the non challenged folks i know. it would be ideal to have judges & social workers who are specialized to decide cases such as this. i wouldn't trust your average law professional or the average set of parents for that matter. the parents are often not able to see that their down's child is able to handle certain kinds of freedoms.
  • Grew up around Downies. As T r a c y says, quite a range of capacities there, so case by case for sure. Tip for handling Downies
  • "Tip for handling Downies" Dammit Wolof, could you be a bit less sensitive? 1) They don't need 'handling', they are people. What they need is respect. 2) 'They' don't all like music. Nor are they all strong. or Loving. or Happy. or any of the other gross generalisms that are leveled at them - they are as individual as you or I. For someone who grew up around them, you sure do come across as a jerk. (I'm sure your not a jerk, but your comment here does you no justice)
  • Lighten up, Francis.
  • downys?
  • MonkeyFilter: Tip for handling Downies -
  • Here's a link of a friend of mine teaching mentally retards adults safe sex and accidently getting squirted with fake semen. Sex ed is dangerous.