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How does a Down syndrome male can consent to sec. New

How does a Down...

How does a Down syndrome male can consent to sec

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New jersey

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I have bipolar disorder I have a full time job an

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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 2 hours by:
1/23/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,338
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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People with Down's Syndrome cover a wide range of funtionality, and there is no single rule regarding consent to sexual activity.

It is not illegal, in and of itself. The issue of consent has to be handled in a case-by-case scenario. Due to the larger number of questions so be asked. Did they know what they were getting in to, Was there abuse in involved, Were they coerced, etc. Legally it is a huge grey area. Was the partner a caregiver, or in a position of authority...

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Customer reply replied 7 months ago
No, just somebody met in public, and a great friendship developed

Well, take it slow. The issue of consent is fraught with problems where where only one of the parties has Down's. Sex is not illegal, in and of itself, but the issue of consent is sticky.

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Customer reply replied 7 months ago
What is the meaning of consent by law

The ability or capacity to give legal consent.

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Customer reply replied 7 months ago
how do you know if the Down syndrome guy is giving his consent? Should he be asked certain questions to ensure he knows what he's consenting to!

It would depend on his level of functioning. Is he employed? Living on his own?

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Customer reply replied 7 months ago
Employed--living in housing for independent people with disabilities. There is no nursing or assistance there.

If he is living on his own and employed then he probably could legally consent.

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Customer reply replied 7 months ago
I won't rush. He gets a little flirty, but I'm falling for him

Take it slow and realize you are in an area where the law is hazy and you may have liability exposure if things take the wrong turn.

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Customer reply replied 7 months ago
Right. Thanks for your advice

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Loren

Loren
Loren, Attorney
Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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