I'm 42 years old, and friends with a lady close to my age who is slightly mentally retarded. Would it be legal if we had consensual sex?

Take this situation slow. I think you have some issues to cover before you commit to a sexual relationship with her. Check to see if she has been adjudicated mentally incompetent by a county court of law and check if she is under a physicians care for her infirmity. If she has no legal guardian and she has not been found legally incompetent she still maintains the right to have consentual sex. I agree with Lynnfromnm, you need to communicate with her and make sure that she understands all consequences and explain to her how you honestly feel about her. Do your own research and look into your state statutes and case law. It seem like a lot to go through to be with someone you like or may be in love with, but man; you have to cover your basis. I hope everything works out for you.

It shouldn't be a problem if the person is, well, at large. Out on her own and taking care of her own business with no guardian.

If it were an issue then it would be a matter of statutory (not through force, coersion, or fraud) rape. To be absolutely certain you should check the statutes in your particular state. Most states ban sex with anyone who is incapable of giving "legal consent". If she is living on her own then she must be capable of legal consent.

If charges were pressed, they would probably originate from her family and not from her. I'm not trying to scare you off; I'm just trying to be thorough.

If the lady doesn't have a guardian, she hasn't been found incompetent by a court of law and therefore has the same right to consent to sex as any other adult. I think it is great you are asking this question. With that in mind, make sure in your own mind that she understands the possible consequences, both physical and emotional, of a sexual relationship. Make sure she understands your feelings toward her - whether you love her and whether you are making any promises as to the future.

Is she getting social security for her disability? Would her doctor tell the courts that she has the mental capacity of a young child? I would think it would depend on her understanding on "consent", but this would be a case by case decision, so on a forum board, this would be hard to answer.

As long as you don't get her pregnant you can do whatever you want. The last thing we need is another retard on this planet.

Not only would it be legal, but awesome, and hillarious.

If it's just sex you want,'if it's consensual or not. You are just using her. Any woman deserves more than that.

Can't you find any women who are not mentally retarded to have sex with you? This question makes me feel really weird.