s*x and the developmentally delayed? IQ 56? Is she able to "consent?"?

Question

Two men took advantage of her. They have told her they love her and she believes it. She got pregnant and we all found out. Then she say one of the made her have s*x "all the time." When she said, "No!" he laughed and pushed her down. It seems that at times she was willingly involved, but when she said, "No," one of them ignored it and had s*x anyway.

Then the men encouraged her to move and not tell her family where she is.

Now the family want to get a conservatorship, but, although they got a temporary order, the court won't let them see her. She says her family is mean to her. (They tried to stop her relationshilp with these men.) Incredibly, the court investigator thinks that this young woman can take care of herself, especially with the 'help' of one of the men.

What the heck is wrong with our court system? Just because a d.d. person says she can take care of herself, doesn't mean she can make good decisions about her welfare. Should her family try to contest this?

Answer 1

'In the last days right will be wrong and wrong will be right'

-- Jesus Christ

And NO ONE can deny this!!

Answer 2

With an IQ of 56, it is very doubtful that this woman has a legal right to consent.  This level of functioning would be roughly equivalent to a child of 9 or 10 years, and no one in their right mind would argue that a 9-year-old, no matter how much "in love" she was, can understand all the ramifications of having a sexual relationship.  And that's the basis for the ability to give legal consent:  can the person comprehend all the potential results that can arise from a particular action?  

I would absolutely advise that the family pursue conservatorship.  You might try contacting your local chapter of "the Arc" (formerly the Association for Retarded Citizens) and asking for legal advice and/or a referral to an attorney who has experience in this area.  It's true that people with developmental disabilities have rights, but it is also true that they are often exploited by people who are taking advantage of them.  It seems pretty clear in this case that person is being exploited.

Answer 3

Call your District Attorney's Office now and close the PC.

Answer 4

Yes her family should contest this. They are her best ally. She isn't able to make those kinds of decisions and fully understand what she is agreeing to. I know of a situation similar to this. The mother isn't able to see her own child as the court deemed she couldn't fully care for the child. Yet they okay'd the sexual assault of the man. Now he has custody of the child and the woman is living with a foster family since she can't fully live on her own because her decision making processes are lacking. WHAT IS WRONG WITH THE COURTS!!!! I'm linking a site for legal advocacy assisstance.

Answer 5

Yes, but it will be very expensive.  They need to get an independent evaluation of her mental status/ ability.  A former caseworker or health care worker that is knowlegable about her that can contest the court's evaluation of her can help to sway a judge to permit this if they can provide any evidence that she is not capable of making her own decisions.  Sometimes getting a lawyer to just start proceedings to sue the county mental heath/ mental retardation system will be enough to get the county to step in and do something about the girl.  This is a very difficult road for everyone involved. Unfortunately far too many disabled individuals are taken advantage of.  I once had a client who was dev. dis. and her mom use to prostitue her out to everyone in their trailer court.  The girl said that she liked it because the men "loved" her.  The only way the country was able to get the girl away from her mom was by finally catching the mom getting money for the s*x.  It's a sad world.

Answer 6

you need legal advise, get an attorney at once.

Answer 7

yes they should expecally since there is a baby involved!!

Answer 8

With an IQ that low she is not resposnsible for her actions and is certainly not able to make relevant decisions such as sexual activity.  Not only was she raped (in my opinion) but she could get an STD or worse.  If she got pregnant she will probably not be able to take adequate care of the child.  Some things you didn't mention -- is she able to hold down a job?  Can she live independently?  Does she know right from wrong?  How old is this girl?  Who is responsible for her and makes her everyday decisions?  My sister-in-law (40 yrs old now) got married 25 years ago to a mildly learning disabled man and they have since had 3 children.  All are perfectly normal, healthy children.  Because of both parents' poor judgement -- the two little girl children were sexually abused by a man that they allowed to stay in their home.  All three kids were living in a roach-infested home and were malnurished and dirty. Social services finally stepped in and removed the children to foster homes.  My sister-in-law was told she could get the kids back if she refused to live with her dirt bag husband anymore -- she chose to stay with him rather than get her kids back because she just didn't understand the consequences.  Now the kids are in danger of being split up forever -- and that is a tragedy.  Someone needs to intervene on behalf of this woman.  She is not capable of making adult decisions.  Get a very good lawyer.  And good luck to you and God bless you for caring.