Understanding the Evolution and Usage of the Term “Retard”

According to Wikipedia, in modern usage, “retard” is a derogatory term used to insult someone perceived as intellectually disabled, slow to understand, or ineffective [1]. Similarly, “retarded” is employed to describe actions or things considered foolish or stupid. This term is often censored and referred to as the “r-word” or “r-slur.”

Retard was previously used as a medical term. The verb “to retard” means ‘to delay or hold back’, and so “retard” became known as a medical term in the late 19th and early 20th centuries to describe children with intellectual disabilities, or retarded mental development

Until the 1960s, terms like moron, idiot, cretin, and imbecile were non-offensive and used by psychiatrists to describe individuals with intellectual disabilities. These terms were replaced by “retard” and “retarded” as they gained negative connotations.

Eventually, “handicapped” in the United States and “disabled” in the United Kingdom became the preferred terms, with “disabled” now considered more respectful than “handicapped” in the United States.

Understanding Rape and Sexual Assault

Rape is a form of sexual assault that involves non-consensual sexual intercourse or penetration [2].

The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

Is It a Crime in California to Have Sex with an Incompetent Person?

According to SCLG, under California law, engaging in sexual activity with an “incompetent” person can lead to rape charges [3]. According to Penal Code 261, an incompetent person is defined as someone unable to provide legal consent due to a mental disorder, developmental disability, or physical impairment.

California Law on Mental Competence

California law offers limited guidance on defining mental competence. In cases where rape is alleged because the sexual partner was considered incompetent, the jury must determine if the person possessed the mental capacity to provide meaningful consent. Expert witnesses are typically brought in during the trial to offer opinions on the alleged victim’s mental state.

Fairness and Implications of the Law

This legal framework raises important questions about fairness and the rights of mentally disabled adults. The law implies that a mentally retarded adult may be denied the opportunity to engage in a consensual sexual relationship because their partner could face rape charges, highlighting the complex balance between protecting vulnerable individuals and recognizing their autonomy.

Related Articles:

See all related sexual abuse lawsuits our attorneys covered so far.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://en.wikipedia.org/wiki/Retard_(pejorative)
2. https://en.wikipedia.org/wiki/Rape
3. https://www.shouselaw.com/ca/blog/rape/is-it-rape-to-have-sex-with-a-retarded-person/

Is it Rape to Have Sex With a Retarded Person?