What is the name of your state? FL
The case of Otis and Victor
STATE: Florida
Otis is a 40-year-old male with limited mobility and in a power chair, although there are times when he can get up from the power chair with a degree of difficulty.
Victor is a 30-year-old male without limitations in mobility but has a mild to moderate form of mental retardation.
Otis and Victor had just met at a Florida theme park. Both were waiting in line until the park opened. While the two were waiting in line of Victor engaged in a conversation with Otis and determined that he was from up north will Otis lived in the same state as a theme park. Victor traveled by himself by airline and was staying at a nearby hotel which turned out to be next to the hotel at which Otis was staying.
The two then formed a bond and Otis asked Victor to serve as his companion throughout the excursion at the theme park. The companionship involved assisting Otis in his power chair with many things including reaching for items such as those at the restaurants and food stands within the theme park, and using the toilet, particularly urinating. Assisting in urinating meant that Victor would unzip Otis's pants, remove his penis, and direct it to the toilet to arch the urine stream into it. On a couple of occasions and at Otis's request, Victor masturbated him. This was after Victor showed some affection toward Otis by tickling the back of his neck and the back of his hand. Victor gave no resistance and was clearly told that if he didn’t like this he can easily say he doesn’t want to and that it would not affect their relationship.
At the conclusion of that day's excursion, Otis took Victor to his own hotel where Victor assisted him to unload the power chair, which had to be dismantled partially to load into the back of the vehicle. Victor then would walk next door to his hotel. The next morning of Otis and Victor met again, had breakfast together, and return to the theme park for another day of fun. Victor liked to get onto the rides, particularly roller coasters. We both gone onto a five-minute ride on the Range Rover at the theme park a couple of times. Victor did not go with Otis into the haunted theater, and Otis never went on any of the roller coaster rides with Victor. Numerous pictures of Victor were taken that the theme park, one of which included a DVD with Victor having gone on the ride.
At the conclusion on both evenings, Victor and Otis went to dinner at two different restaurants located near the hotels. All of the meals eaten by both individuals were paid for by Otis, especially when he learned that Victor traveled with very little money, no debit or credit card, and a card called an EBT card with which he accessed his food stamps. Victor would buy a large quantity of sodas to take into the park to prevent dehydration.
Otis and Victor had been keeping in touch with each other since then through text messaging and occasional phone calls. None of the text messages or even telephone calls had any depiction of any sexual nature.
One morning, about two months later, a "relative" called Otis and asked how he knew Victor. The relative stated that Victor mentioned to her that there were sexual encounters. She then stated that this was a police matter and a police would be contacted in Otis's area. She stated that Victor did not have the mental capacity to consent to sex. Otis stated that if this was true that Victor should not be traveling alone if he has such a diminished mental capacity. It should also be noted that Victor, according to his statements, lives in his own apartment and pay his own rent, although it is unclear who manages his money. It should also be noted that Victor seemed to be pretty good with numbers such as dates, credit/debit/EBT card numbers, and the PIN to the cards in his possession.
So the big question is this: did Otis commit any violation of law regarding consensual sex and diminished mental capacity? To what extent must Otis have been able to determine whether or not Victor had enough mental capacity to give consent to any sexual activity that occurred?
The case of Otis and Victor
STATE: Florida
Otis is a 40-year-old male with limited mobility and in a power chair, although there are times when he can get up from the power chair with a degree of difficulty.
Victor is a 30-year-old male without limitations in mobility but has a mild to moderate form of mental retardation.
Otis and Victor had just met at a Florida theme park. Both were waiting in line until the park opened. While the two were waiting in line of Victor engaged in a conversation with Otis and determined that he was from up north will Otis lived in the same state as a theme park. Victor traveled by himself by airline and was staying at a nearby hotel which turned out to be next to the hotel at which Otis was staying.
The two then formed a bond and Otis asked Victor to serve as his companion throughout the excursion at the theme park. The companionship involved assisting Otis in his power chair with many things including reaching for items such as those at the restaurants and food stands within the theme park, and using the toilet, particularly urinating. Assisting in urinating meant that Victor would unzip Otis's pants, remove his penis, and direct it to the toilet to arch the urine stream into it. On a couple of occasions and at Otis's request, Victor masturbated him. This was after Victor showed some affection toward Otis by tickling the back of his neck and the back of his hand. Victor gave no resistance and was clearly told that if he didn’t like this he can easily say he doesn’t want to and that it would not affect their relationship.
At the conclusion of that day's excursion, Otis took Victor to his own hotel where Victor assisted him to unload the power chair, which had to be dismantled partially to load into the back of the vehicle. Victor then would walk next door to his hotel. The next morning of Otis and Victor met again, had breakfast together, and return to the theme park for another day of fun. Victor liked to get onto the rides, particularly roller coasters. We both gone onto a five-minute ride on the Range Rover at the theme park a couple of times. Victor did not go with Otis into the haunted theater, and Otis never went on any of the roller coaster rides with Victor. Numerous pictures of Victor were taken that the theme park, one of which included a DVD with Victor having gone on the ride.
At the conclusion on both evenings, Victor and Otis went to dinner at two different restaurants located near the hotels. All of the meals eaten by both individuals were paid for by Otis, especially when he learned that Victor traveled with very little money, no debit or credit card, and a card called an EBT card with which he accessed his food stamps. Victor would buy a large quantity of sodas to take into the park to prevent dehydration.
Otis and Victor had been keeping in touch with each other since then through text messaging and occasional phone calls. None of the text messages or even telephone calls had any depiction of any sexual nature.
One morning, about two months later, a "relative" called Otis and asked how he knew Victor. The relative stated that Victor mentioned to her that there were sexual encounters. She then stated that this was a police matter and a police would be contacted in Otis's area. She stated that Victor did not have the mental capacity to consent to sex. Otis stated that if this was true that Victor should not be traveling alone if he has such a diminished mental capacity. It should also be noted that Victor, according to his statements, lives in his own apartment and pay his own rent, although it is unclear who manages his money. It should also be noted that Victor seemed to be pretty good with numbers such as dates, credit/debit/EBT card numbers, and the PIN to the cards in his possession.
So the big question is this: did Otis commit any violation of law regarding consensual sex and diminished mental capacity? To what extent must Otis have been able to determine whether or not Victor had enough mental capacity to give consent to any sexual activity that occurred?
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