Legal Question in Criminal Law in Indiana
A young woman was admitted into a psychiatric ward due to emotional instability. This person suffers from mental illness. She is involved in sexual activity a few days after release. A young man claimed that this incident is 100% consensual on her part and actually she kissed him first. He was aware of her hospitalization and that she has mental disability. Her primary psychiatrist can testify that she is not stable and still have difficulty making decision at that time, not consensual.
Who is right, this young man or the psychiatrist?
Asked on 8/10/09, 9:26 am
1 Answer from Attorneys
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