NCJ Number
113489
Date Published
1983
Length
8 pages
Annotation
An evaluation of consent issues was conducted by a California District Attorney's Office to evaluate the merit of rape charges filed against the sexual partner of a 20-year-old, moderately mentally retarded woman.
Abstract
Interviews with the client examined the client's understanding of the nature and importance of sexual intercourse and assessed the client's willingness to engage in the sexual activity and whether there were overt or covert pressures or threats used to gain her compliance. Client responses to questions indicated that the client knew what she was doing and the significance of the act, at least on a superficial level, which is comparable to that of many of her age peers. Questions related to the client's understanding of the act, its nature, and its consequences were answered satisfactorily, demonstrating a degree of understanding sufficient for informed consent. Further questioning provided no evidence of coercion: the client willingly engaged in sexual intercourse with the partner, had on previous occasions, had enjoyed the act, and indicated a willingness to engage in it again if consequences did not include getting in trouble with facility staff. The client's legal guardian felt that the client was able to make informed choices about her sociosexual life; while the facility director felt the client was unable to provide informed consent, at least with the partner involved (an ex employee of the residence). On the basis of the evaluation, it was concluded that the client gave informed consent to the sexual act and that rape charges be dropped.