Factors Undermining Consent: Incapacitation

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There are many factors and positions it become difficult understand if the women has given consent. Some of the cases are the incapacitation cases such as mental illness, retardation, and intoxication(alcohol).

Mental illness, retardation and intoxication all deal with the state of "gross lack of understanding" for the female counterpart. A lack of understanding of her natural state and the need for assistance for her disability confirms that judgment of these individuals will be/is flawed. These there may be several factors that may mislead the opposite sex which is not to say individuals should act on them to sexual intercourse. The Physical maturity and attractiveness is one of the misleading factors however the incapability and lack of understanding should be the most obvious factor to prevent any further sexual force. Men who force themselves on to victims are exploiting the victim’s mental incapacitation for their own sexual gratification which is wrong.

Many times the factor of force is disregarded; it may be pleasing for the victim but in reality they just don’t understand what is going on. This unawareness of the situation is a lack of consent of its own because it reflects the individuals inability to respond to her feelings properly.

The age of the individual is also another factor that is understood as incapacitation. It is sexual judgment of an underage minor is not enough consent. Children are more likely to be intimidated and gullible by the opposite sex giving consent at the moment to the male counterpart but it really is not consent.

What about maturity of the individual? Each individual develops at different ages; why is the individuality not considered? Why is the consensual age 18 years old age? What factors help determine this consensual age?

Consensual age for an individual was lower, why did it get higher? Is there a scientific work supporting the necessity of increasing age?

It is interesting how the laws have changed throughout the years in determining the age for “maturity” for females. Historically puberty was a sign of “womanhood” where the menstrual cycle was the determining factor for sexual maturity (physical). While the mental factor was not questioned but is an important part of a women’s sexuality.