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Monday, August 10, 2009 mani asks

Q: consensual or non-consensual

A young woman was admitted into a psychiatric ward due to emotional instability. This person suffers from bipolar.  She is involved in sexual activity a few days after release.   A young man claimed that this incident is 100% consensual on her part and actually she kissed him first.  He was aware of her hospitalization and that she has mental disability.  Her primary psychiatrist can testify that she is not stable and still have difficulty making decision at that time, not consensual.   

Who is right, this young man or the psychiatrist?  

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10/20/09 6:12pm

I would think only a good lawyer that is experienced in this area of law would be able to answer that.  There has to be laws on the books that deal with this....so maybe some research would help answer it or the advice of a good lawyer.

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By mani— Last Modified: 12/25/10, First Published: 08/10/09