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Statatory Rape, Offender Mentally Incompetent

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poppabear

Member
What is the name of your state (only U.S. law)? Oregon

My brother is 22 and legally incompetent (collects SSI and has been diagnosed as mentally disabled) and lives with my mom. Over Christmas, he and his girlfriend came to visit my wife and I, and after they left, my mom called me to ask how it went. Then she made the comment that GF is "very mature for only being 16" :eek: GF had flat-out told me she was 18, otherwise there is NO way I would have let them stay with us. It's very obvious that they are having sex (while here, GF told my wife she may be pregnant, turns out she is not, but apparently this is not the first time they've had a pregnancy scare).

I do not know what my mom is thinking, they live 3 hours away from us and GF live 2 hours from them, my mom regularly lets my brother use her car to visit the GF, and lets the GF stay with them (at one point she even lived with them for about 4 months, when she was apparently only 15). I am wondering what issues my brother could be facing as far as being charged with statutory rape and being mentally disabled if this were to go to court. Also, my mom is completely facilitating the relationship and I honestly have no idea what is going on in her head. I feel like I am watching a car crash and there is absolutely nothing I can do. My brother does not have the capacity to think of the consequences of the situation, and my mom is apparently to stupid to do so.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Oregon

My brother is 22 and legally incompetent (collects SSI and has been diagnosed as mentally disabled) and lives with my mom. Over Christmas, he and his girlfriend came to visit my wife and I, and after they left, my mom called me to ask how it went. Then she made the comment that GF is "very mature for only being 16" :eek: GF had flat-out told me she was 18, otherwise there is NO way I would have let them stay with us. It's very obvious that they are having sex (while here, GF told my wife she may be pregnant, turns out she is not, but apparently this is not the first time they've had a pregnancy scare).

I do not know what my mom is thinking, they live 3 hours away from us and GF live 2 hours from them, my mom regularly lets my brother use her car to visit the GF, and lets the GF stay with them (at one point she even lived with them for about 4 months, when she was apparently only 15). I am wondering what issues my brother could be facing as far as being charged with statutory rape and being mentally disabled if this were to go to court. Also, my mom is completely facilitating the relationship and I honestly have no idea what is going on in her head. I feel like I am watching a car crash and there is absolutely nothing I can do. My brother does not have the capacity to think of the consequences of the situation, and my mom is apparently to stupid to do so.
anyway to get ahold of the girl's parents?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Oregon

My brother is 22 and legally incompetent (collects SSI and has been diagnosed as mentally disabled) and lives with my mom. Over Christmas, he and his girlfriend came to visit my wife and I, and after they left, my mom called me to ask how it went. Then she made the comment that GF is "very mature for only being 16" :eek: GF had flat-out told me she was 18, otherwise there is NO way I would have let them stay with us. It's very obvious that they are having sex (while here, GF told my wife she may be pregnant, turns out she is not, but apparently this is not the first time they've had a pregnancy scare).

I do not know what my mom is thinking, they live 3 hours away from us and GF live 2 hours from them, my mom regularly lets my brother use her car to visit the GF, and lets the GF stay with them (at one point she even lived with them for about 4 months, when she was apparently only 15). I am wondering what issues my brother could be facing as far as being charged with statutory rape and being mentally disabled if this were to go to court. Also, my mom is completely facilitating the relationship and I honestly have no idea what is going on in her head. I feel like I am watching a car crash and there is absolutely nothing I can do. My brother does not have the capacity to think of the consequences of the situation, and my mom is apparently to stupid to do so.
Being competent enough to drive means he's competent enough to be convicted of statutory rape. Mentally disabled does NOT equal incompetent.
 

poppabear

Member
Unfortunately, the GF's parents are part of the problem. She's been bounced back and forth between them, and in between has lived on the street and with various BFs. Pretty much they really don't care what she does (like moving 2 hours away to live with my mom when she was only 15).

Zinger - Thank you for making that clear. It's good to know.

Unfortunately, my brother has been allowed to walk away from several charges of minor in possession of alcohol, DUIs and most recently a hit and run in the last few years, only reinforcing his attitude (and my mom's) that he will never be legally accountable for his actions :( My mom has treated him like any action is excusable because of his disability his entire life, and she is also the type to befriend her children rather than enforce rules and actually be a parent. So at this point I guess it's just a matter of time before he ends up being arrested because he believes that rules and laws do not apply to him.
 

Zigner

Senior Member, Non-Attorney
You should call the police and/or report the situation to child protective services (or the equivalent in your state)
 

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