Consent (to have sex) and autism

[the autie]

I am a 24-year-old Indiana woman with autism (high-functioning). I recently learned on an autism message board that it is illegal to have sex with an autistic person in MOST countries, and am investigating to figure out which countries those are. In doing so, I determined that in several of the United States (if not all), it is illegal for people like me to marry and/or have sex and/or have children. Stupid Eugenics laws that are still on the books.

I don't rely on any social services, I am a college graduate, I am 24 years old and I have an above-average IQ, and yet statutes in many states claim I am not mentally competent enough to consent to have sex. I have been married for almost three years, and my husband and I have, indeed, had sex (as do nearly all married couples). I have not found any Indiana laws saying this is illegal, but we went to Michigan on vacation and I just read recently that it is illegal to have sex with an autistic person in Michigan. An autistic woman in Michigan actually is going through litigation to try and get married, but even if she wins that case, her husband could go to jail for 15 years if they have sex or even just do something sexual.

How I got through 24 years not knowing about this, I don't know, but goodness sakes, I've had sex in Michigan! I guess not many people worry about laws like this. A couple of gay Texas men weren't concerned that what they were doing was illegal until police broke in and arrested them for it, did they? I am worried the same could one day happen to my husband and myself. I have read that in Michigan, North Dakota, probably Oregon, and Australia and South Africa have such laws. I've confirmed that Denmark doesn't. Other than that...I have no idea. Indiana's statute says:

"Rape
Sec. 1 a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when: (3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given; commits rape, a Class B felony."

The idea behind the laws are that with the way autistic people think, we can't consent. Well, in a way that's true...my husband encourages me to tell him "no" or "stop" when I don't want sex or something, but I can't. It's hard for people like me to say "no," I personally feel wrought with feelings of guilt and obligation when I want to tell him "no" or "stop" but I'm unable to verbalize it (and yes, I am verbal). So, they DO have a point, but according to these laws, I do not get to make the choice of whether to be sexual with my husband. It doesn't matter that we're married; it's still illegal. And under the "sound mind" clause, I am not even sure our marriage is valid legally, anyway. *sigh*

If anyone can tell me where to look for these laws, or point me to them, please do so. It is important to me that I not be breaking any laws, or causing my husband to do so. Or, possibly even try to challenge that law (though, imagine the embarassment of trying to be the couple fighting for the right to have sex with each other despite one's legal inability to consent...it sounds like a huge mess).

Also I don't know about the federal laws, either. I have read federal Sec. 2242 and it does not seem to state it...but it's so hard to tlel without the definitions.

Sorry if this is too long. I am completely unable to abridge myself. Thanks.

 

[JETX]

Thank you very much for your post. It was indeed interesting to read. And since you asked NO legal questions, I assume you were just 'pissing into the wind' (so to speak).


BTW, where are you???

 

[gobonas99]

JETX, honey -

Our poster is in Indiana (1st sentence of her post).

I believe that she is looking for assistance in finding out whether it is legal in Indiana for her and her husband to have sex, as she is autistic.

"If anyone can tell me where to look for these laws, or point me to them, please do so."

-Christina

 

[the autie]

I don't believe you actually read what I wrote....

I did, indeed, ask questions. You apparently did not finish reading.

I was asking where I could look up info or where I could find info about where this is illegal, specifically, is it illegal in my state, which is Indiana, as I mentioned in my first sentence, "I am a 24-year-old Indiana woman with autism (high-functioning)."

I suppose I was not direct enough in my questions, since I phrased them in such a way that I did not need to use a question mark. If you'd prefer....

"Where can I find these laws for my state, and/or for other states in the United States? Does anyone know either where to look them up, or does anyone actually know what they are? Can they point me to a web site or text that would list said laws? Does anyone know where I can look up definitions for 'mentally competent,' 'sound mind,' et cetera? Is there a federal law about this or is it up to states to decide this matter individually? Or any other helpful and relevant resources, comments, or suggestions?"

There, I phrased it as a question and I was more specific. Is that better? I just thought some background would be helpful, and as I said I find it impossible to abridge myself as I cannot readily reform my thoughts in a more concise manner. My apologies, it is just the way my brain works.

 

[JETX]

In my defense, there is a reason why the forum is set to ask your location FIRST thing and it is disconcerting when a writer purposely bypasses the set procedure during a post.

Also, I got distracted after reading the first few sentences (damn phone!) and should have started again.

In any case, I would suggest you start your search on autism issues at the source.....
http://www.autismindiana.org/
or
http://www.autism-society.org/site/PageServer

It is very likely that they have already researched this issue and have a ready answer for you.

 

[the autie]

I read the terms of service and it did say to state where I lived, but it did not say to do so first thing. I thought the first few words were a reminder, and did not realize that I was supposed to use that for my location (I had accidently deleted them so I figured I'd just state it). I see now that this is conventional use and in the future I will begin any subsequent post in that manner.

for some reason, it has been very difficult to find the info I am seeking. I have done Web searches on various engines and have searched some of the best autism sites, but all I've found are a few articles about lawsuits (in Michigan and Australia), a statement on the site of a university in South Africa, and some vaguely-worded laws suggesting that marriage and/or sex was illegal with a person who is not "mentally competent" or "of sound mind," but this does not clarify things for me at all; I would have to have these terms defined.

I have been searching for this info for several days now and have found only that it seems Denmark has no such laws, and Michigan, Australia and North Dakota definately do, and New York, and Oregon seem to (though I am not 100% sure as the wording was vague). Indiana's wording and the federal wording are also vague but are not defined on those web sites.

I will indeed look at those two autism resources, as I have not yet gone to either site. I found this info when it came up in discussion on a message board that in "most countries, it is illegal to have sex with an autistic person, because they presume we are unable to consent." So I automatically decided I had better investigate this lest my husband be unknowlingly committing rape in the legal sense.

Autism is what is known as a pervasive developmental disorder, so I have considered it a definate indicator of illegality either if a statute specifically states that it is illegal to have sex with a "developmentally disabled" person, or if there has been a lawsuit in the news in which whether or not the person was autistic was the only real evidence (not whether or not one person was a minor or whether one person was gay, or anything like that). These "mental capacity" statutes are just way too vague.

 

[JETX]

Not to be negative or derogatory, but why don't you ask this question of those agencies that would know the answer?? You have already made it clear that you have researched this issue legally and apparently don't like the answers you got. So, go to the source and ask those that would probably know.