Originally Posted by
MinnesotaFats
There was a case in New York, Law and Order did an episode based on it, where 6 teens had a gangbang with a 16 yr old retard.
The kids all said they did it, the girl said she wated it and enjoyed it. The parents of the girl brought the case to the DA for prosecution.
The jury ruled the retarded girl could not provide consent therefore all 6 are guilty of rape. The judge immediately set aside the jury verdict and set the kids free citing the girls testimony that she 1- asked them to do it and 2- admitted receiving pleasure from it
Now, in this case, it'll be interesting to factor in the 1- level of incapacitation of the woman and 2- the legal and cultural needs of the child
If the woman if not incapacitated it is not out of the realm of possibility that defense could show she enjoyed the act by physically showing that there are no signs of rape (bleeding, forced penetration, etc) and if the father shows care and financial support for kid there is a good chance that this works as the lawyer suggests
Now- if she's clinically dead , only alive by machine, thats different.