Originally posted by: MujheMaarjaneDo
I think physical age is the key, isn't it?
No. Legally consensual sex is defined as between consenting adults of sound mind. That means.
- both parties are of legal age as determined by local laws
- neither party is intoxicated to the point that hinders decision making
- neither party is subject to duress or blackmail to engage in sex
- neither party has been medically defined as mentally incapable of giving consent
So if a psychiatrist said the person is incapable of giving consent, it is rape.
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Coming to TM's question, the movie does a poor job of defining his psychiatric condition. Most older movies tend to paint mental illnesses in broad strokes with very little nuance. Developmental disabilities may slow down a person's intellectual cognition, but do not always slow down the sexual, social, emotional development. Many are capable of desiring sexual/romantic relationships, dating, and engaging in intercourse.
So it would all depend on a medical diagnosis. It would also depend on whether Rohit was under Jadoo's influence or not when intercourse took place.
If two consenting adults had sex and one of them has a brain injury after the fact rendering them incapable of consent doesn't make the original act a crime.
Similarly, if Jadoo had made Rohit into a cognitively functional person when they had sex and then Rohit regresses when Jadoo goes home it is technically not rape. But lol good luck getting the alien argument to stand up in a court of law.
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