Court bans man with low IQ from having sex

Jiro said:
a challenging legal question because it's philosophical in sense :)
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Nawww. A lot of elderly have the minds of 12 year olds thanks to Alzheimers and if they get sexually abused it sure ain't pedophilia.
 
TheWriteAlex said:
It depends on the motive of the perpetrator. I do not know much about pedophilia psychology, but I would wager that a pedophile has different reasons for being attracted to a child: it could be an attraction to the physicality of a child, or it could be an attraction to the mental state of a child (and, more to the point, the violation of that mental state.)

I don't think the two motives are mutually exclusive, but for the sake of answering your question, I would wager that if the person engaged in sex with someone with a mental capacity of a child, and they were doing it because they were attracted to that mental capacity and/or the violation of it, then YES. It is pedophilia, regardless of the victim's physical appearance.

Sorry if this post makes anyone squirm, but I do think it is a valid question.
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Best answer yet.
 
The thing is....Alan was in a monogamas relationship. It wasn't like he was sleeping around with tons and tons of people.
I DO think that mentally handicapped people can and do run into trouble in this area.
 
rockin'robin said:
Ummmm....that's a new one for me!...But could in fact, save his life, as he's apt to be taken adantage of and might acquire Aids, due to multiple partners. And might be a threat to society as he doesn't understand what he's doing.

But don't think it's gonna work unless he's casterated or "sewn up"....
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:eek3: Obviously, you are as bigoted and uninformed as the judge that made this ruling!
 
TheWriteAlex said:
It depends on the motive of the perpetrator. I do not know much about pedophilia psychology, but I would wager that a pedophile has different reasons for being attracted to a child: it could be an attraction to the physicality of a child, or it could be an attraction to the mental state of a child (and, more to the point, the violation of that mental state.)

I don't think the two motives are mutually exclusive, but for the sake of answering your question, I would wager that if the person engaged in sex with someone with a mental capacity of a child, and they were doing it because they were attracted to that mental capacity and/or the violation of it, then YES. It is pedophilia, regardless of the victim's physical appearance.

Sorry if this post makes anyone squirm, but I do think it is a valid question.
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The attraction is usually a combination of physical attraction to the body type, and the fact that children are easily manipulated. Some say that the mental capacity factor is secondary to the physical attraction, and from what I know, I tend to follow that theory as well.
 
We are missing the point. This man, evidently, has not been found to be incompetent and unable to care for himself. He does not have an appointed guardian ad litem to make other life decisions for him. Unless he has been found to be unable to make reasonable decisions for himself in other areas, there is absolutely no reason to ban him from making decisions regarding his sexuality or sexual activity. Period.

Remember, AG Bell wanted to ban deaf individuals from marrying each other to prevent them having offspring. All of you will agree that was a serious infringement on the autonomy and rights of deaf people, right? Apply to this case as well.
 
Jiro said:
if an adult had sex with a person with mental capacity of 12 years old.... is it a pedophilia? :hmm:
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No. Pedophillia has an age criteria. If the person is an adult, and has been found to be incompetent, it is considered to be abuse of a vulnerable individual.
 
jillio said:
The attraction is usually a combination of physical attraction to the body type, and the fact that children are easily manipulated. Some say that the mental capacity factor is secondary to the physical attraction, and from what I know, I tend to follow that theory as well.
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lol at the last sentence.. its borderline for me - but i can say that I havent been caught around some non-lookers... hmm
 
Jiro said:
if an adult had sex with a person with mental capacity of 12 years old.... is it a pedophilia? :hmm:
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Technically, no. It's sexual deviance, though, and the person can still be charged with rape; given that victim had a diminished capacity to understand and consent to what was being done.
 
"But he agreed that the man, known only as Alan, should not be allowed to have sex with anyone on the grounds that he did not have the mental capacity to understand the health risks associated with his actions."


This is insane! Did anyone bring how many people that have a normal IQ do not practice 'safe sex'! Are these people tols not to have sex too!
and look John Edward he had a baby out of wedlock he did not practice 'safe sex'!
 
jillio said:
Remember, AG Bell wanted to ban deaf individuals from marrying each other to prevent them having offspring. All of you will agree that was a serious infringement on the autonomy and rights of deaf people, right? Apply to this case as well.
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Ironically, About 95% of Deaf children are born to hearing parents. If AG Bell was alive, then his proposal was a serious moot. :eek3:
 
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