Judge says he can order abortion for disabled Nevada woman

[Quantum Windbag]

I'm not assuming a crime was commited, that's a fact in this case. The woman is a ward of her parents, she cannot consent to sex.

Did you forget that?

Unless Nevada changed their consent law since I looked earlier today the only requirements to consent to sex is to be conscious and over the age of 16. You are assuming that,m because the story alleges she has the mental capacity of a 6 year old it must be rape. I agree that it is rape, morally, but we don't live in a country with the rule of morality, we live in one with the rule of law.

 

[AmyNation]

If she's not allowed to make decisions for herself, she can't consent to sex.

Sexual assault as defined in NV
"
***** 1. *A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault."

I dont know any states where it's legal to have sex with someone who is too mentally handicapped to consent.

 

[Quantum Windbag]

If she's not allowed to make decisions for herself, she can't consent to sex.

Sexual assault as defined in NV
"
***** 1. *A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault."

I dont know any states where it's legal to have sex with someone who is too mentally handicapped to consent.

I love when people post part of a law without posting the whole thing. Tell me something, what is the definition of being mentally incapable of giving consent? My guess without looking, is that applies to being drunk or under the influence of drugs, not IQ. Feel free to prove me wrong.

 

[JakeStarkey]

A mentally defective adult cannot consent to sex.

The parents are the guardians, and they have right to consent or reject abortion as a remedy to pregnancy by rape.

 

[syrenn]

A mentally defective adult cannot consent to sex.

The parents are the guardians, and they have right to consent or reject abortion as a remedy to pregnancy by rape.

if they are her guardians.... they should not be allowing her be in a position to get pregnant.


If as it has been suggested here in this thread that she likes to go to truck stops and prostitute herself..... a crime on several levels here.

i would say that is grounds that the guardians are not very responsible guardians....and should have their rights terminated.

 

[AmyNation]

If she's not allowed to make decisions for herself, she can't consent to sex.

Sexual assault as defined in NV
"
***** 1. *A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault."

I dont know any states where it's legal to have sex with someone who is too mentally handicapped to consent.

I love when people post part of a law without posting the whole thing. Tell me something, what is the definition of being mentally incapable of giving consent? My guess without looking, is that applies to being drunk or under the influence of drugs, not IQ. Feel free to prove me wrong.

The law was ridiculously long, I posted what pertained to this.

You are focused on IQ, not me. We are not talking about someone with an IQ of 70. She has been deemed by a court as incompetent and all her decisions, including the adoption of the possible child, is the decision of her parents.

 

[Cecilie1200]

I'm not assuming a crime was commited, that's a fact in this case. The woman is a ward of her parents, she cannot consent to sex.

Did you forget that?

Don't be disingenuous, twat. I'm being polite to you here, and I don't appreciate you trying to repay that with lame attempts at verbal sleight-of-hand.

YOU are not raising a hue-and-cry about "find the bastard who impregnated her! String him up by his balls!" YOU are too busy eyeballing her parents and saying, "Well, they should be investigated. What if they knew and did nothing about it? Are they negligent?" So when I am specifically addressing your suspicions about the parents, I do NOT suddenly want to hear about the sad sack who got her pregnant.

This sort of shit is why your pitiful butt is on my ignore list, and apparently, it's what I get for being softhearted enough to view your posts. I won't make that mistake again. Back to oblivion for you.

 

[AmyNation]

Bwhahhaha!

That's awesome of you. Seriously, thanks for the laugh.

As to the non-whiny portion of your post. You have a legally incompetent woman turning up pregnant. Her parents and her doctor say, "yeahhhh, shes known to slip out of the home and fuck men at the local truck stop". In fact, in one article they say they had her on a birth control shot. They are freely admitting they knew this. So when investigating her rape, you would investigate if anyone was culpable in it. Were they neglectful? Was there something they failed to do? Perhaps this is a "shit happens" incident. However if her parents knew the home was insufficient, knew she was being taken advantage of by many men, and just shrugged and put her on the bc shot? I'm sure the state could, at the least, move to revoke their guardianship.

 

[Quantum Windbag]

If she's not allowed to make decisions for herself, she can't consent to sex.

Sexual assault as defined in NV
"
***** 1. *A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault."

I dont know any states where it's legal to have sex with someone who is too mentally handicapped to consent.

I love when people post part of a law without posting the whole thing. Tell me something, what is the definition of being mentally incapable of giving consent? My guess without looking, is that applies to being drunk or under the influence of drugs, not IQ. Feel free to prove me wrong.

The law was ridiculously long, I posted what pertained to this.

You are focused on IQ, not me. We are not talking about someone with an IQ of 70. She has been deemed by a court as incompetent and all her decisions, including the adoption of the possible child, is the decision of her parents.

Believe it or not, legal competence and consent are not related. a random person on the street wouldn't have any reason to know that she is non compos mentos, IQ and verbal ability are not related. If it worked that way Dr Hawking wouldn't be who he is.

 

[AmyNation]

Oh, I could see any possible man using the defense of "I didn't know" if the state attempted to charge him. However, I still think its illegal to have sex with someone whose been deemed mentally incompetent by the state.

 

[Quantum Windbag]

Oh, I could see any possible man using the defense of "I didn't know" if the state attempted to charge him. However, I still think its illegal to have sex with someone whose been deemed mentally incompetent by the state.

Yet you provide no evidence.

Now, let me provide evidence that I am right that Nevada does not judge consent by IQ.

The baby's father has not been identified. It is not clear whether the pregnancy resulted from consensual sex or a rape.

Nevada court mulls abortion for pregnant mentally disabled woman - Yahoo! News

 

[whitehall]

You have to break down the legal issues. Does a state judge have the authority to order the termination of the life of an unborn child in any case? I doubt it. How far do we go in authorizing the government to determine the extent of disability of the mother when they decide to terminate her pregnancy against her will or the will of her legal guardians? How about a pregnant comatose woman? How about an insane woman or a woman doing life in prison? Does society allow a judge have the right to determine if she should undergo an abortion against her will?

 

[Jarlaxle]

The judge should be strung up from a tree by his genitals.

 

[Noomi]

He should enforce the abortion. The woman has the mental age of a six year old. Her parents are blinded by their Catholic faith.

Ahh, so the concept of "legal guardianship" and "private medical decisions" goes right out the window with you just as soon as there's even a HINT that someone is making those "private medical decisions" based on religious beliefs, is that it? What the fuck happened to "keep your laws off my body", huh? What about "government get out of my vagina"? Where'd THAT go?

Let me ask you something, you hypocritical twat. What if the situation was reversed, and her parents were demanding the right to decide to abort the baby, and the judge was inserting himself into the situation and demanding the right to hold hearings on ordering her to give birth? Would you still view it as the judge's business? Or is it just that you have some sort of vested interest in ALWAYS defaulting to "let's kill the baby"?

Yeah, that's what I thought.

You seem to ignore the fact that a fetus doesn't matter in this case. The woman is disabled and has the mental age of a six year old. Why do you want her to stay pregnant?

 

[Noomi]

If she's not allowed to make decisions for herself, she can't consent to sex.

Sexual assault as defined in NV
"
***** 1. *A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault."

I dont know any states where it's legal to have sex with someone who is too mentally handicapped to consent.

I love when people post part of a law without posting the whole thing. Tell me something, what is the definition of being mentally incapable of giving consent? My guess without looking, is that applies to being drunk or under the influence of drugs, not IQ. Feel free to prove me wrong.

The law might say that, but I know it isn't what you believe. Of course you don't think that this woman can consent to sex. It is wrong for someone to have sex with a person who is mentally disabled. They are being taken advantage of.

 

[Grandma]

Can you imagine a 6-year-old going through labor? She would not comprehend what is going on. She also would not be able to adequately care for a live baby.

 

[JakeStarkey]

Everybody is missing that she lives in a group home, not with her parents. The wards in the group home are responsible for her whereabouts not the parents.

A mentally defective adult cannot consent to sex.

The parents are the guardians, and they have right to consent or reject abortion as a remedy to pregnancy by rape.

if they are her guardians.... they should not be allowing her be in a position to get pregnant.


If as it has been suggested here in this thread that she likes to go to truck stops and prostitute herself..... a crime on several levels here.

i would say that is grounds that the guardians are not very responsible guardians....and should have their rights terminated.

 

[JOSweetHeart]

He should enforce the abortion. The woman has the mental age of a six year old. Her parents are blinded by their Catholic faith.

Ahh, so the concept of "legal guardianship" and "private medical decisions" goes right out the window with you just as soon as there's even a HINT that someone is making those "private medical decisions" based on religious beliefs, is that it? What the fuck happened to "keep your laws off my body", huh? What about "government get out of my vagina"? Where'd THAT go?

Let me ask you something, you hypocritical twat. What if the situation was reversed, and her parents were demanding the right to decide to abort the baby, and the judge was inserting himself into the situation and demanding the right to hold hearings on ordering her to give birth? Would you still view it as the judge's business? Or is it just that you have some sort of vested interest in ALWAYS defaulting to "let's kill the baby"?

Yeah, that's what I thought.

You seem to ignore the fact that a fetus doesn't matter in this case. The woman is disabled and has the mental age of a six year old. Why do you want her to stay pregnant?

There is a living person inside of her and if she can't take care of them, someone else can, like a person who wants kids of their own, but is not able to produce any themselves for example.

God bless you and her always!!!

 

[Katzndogz]

You have to break down the legal issues. Does a state judge have the authority to order the termination of the life of an unborn child in any case? I doubt it. How far do we go in authorizing the government to determine the extent of disability of the mother when they decide to terminate her pregnancy against her will or the will of her legal guardians? How about a pregnant comatose woman? How about an insane woman or a woman doing life in prison? Does society allow a judge have the right to determine if she should undergo an abortion against her will?

Whether that right exists now doesn't matter as much as that right will exist and be greatly expanded by the end of obama's regime.

 

[Grandma]

There is a living person inside of her and if she can't take care of them, someone else can, like a person who wants kids of their own, but is not able to produce any themselves for example.

God bless you and her always!!!

No 6-year-old should be forced into becoming a surrogate mother. Physical adult or not she didn't have the mental capacity for consensual sex, technically her pregnancy resulted from rape.