Mentally handicapped girl sex

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Bryant Grober was convicted of a single third-degree conspiracy charge. Over the next few days the story was picked up in newspapers across the United States and Canada. It is clear, as we have already indicated, that confining the offence to cases of vaginal sexual intercourse is not, in our view, justified. Many people would take the view that sexual intercourse with an adult so seriously mentally handicapped as to be unable to give any real consent to the intercourse is significantly more blameworthy than the same act committed with a 16 year old girl whose mental faculties are unimpaired. This could be met by requiring proof that the defendant actually intended to exploit the complainant. As to the second, while there is little or no support for the view that the criminal law should play no role whatever in this area, there is certainly considerable room for debate as to the extent of the role it should play. This apparently very restricted view is justified, as Glanville Williams points out, 15 on two grounds.

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Sex education for the mentally handicapped

In both cases, the law is intended, in part at least, to protect vulnerable members of society from sexual exploitation which is either damaging to the victim or socially undesirable for other reasons. We are satisfied that in general terms it should be an offence to engage in sexual intercourse with persons suffering from mental handicap to such a degree as to render them susceptible to exploitation. Accordingly, the procedure should never be authorized for non-therapeutic purposes under the parens patriae jurisdiction. I don't really get why this even went to trial in the first place. The fact remains that, in an area where convictions are notoriously difficult to obtain, yet another obstacle would confront the prosecution. In the second case, DPP v MW11 the prosecutrix was again classified as moderately mentally handicapped but was normal in appearance and could converse on a similarly limited range of topics, albeit with a speech defect.

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Comments

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