Now elderly people have to be protected against consensual sex. And a comatose woman needs protection from sex with her husband. A maximum age of consent for elderly, on top of the minimum age for 17 year old children?
Similarly, in the name of combating sexual abuse of older adults, some states have criminalized consensual sexual conduct that would otherwise be legally permissible. (72) For example, in the state of Washington, it is a crime for a disabled person age sixty or older to engage in consensual sexual activity with someone who provides that person with paid transportation. (73) In Vermont, it is a crime for anyone who works or volunteers at a caregiving facility or program to engage in sexual acts with any person whose ability to care for him or herself is impaired due to "infirmities of aging." (74)
With the effect that elders have no chance for sexual gratification. Be it because they are great pickup artist, be it for promises and money, or just for the good heartedness of the care giver.
Likewise, the Wisconsin Individual-at-Risk Restraining Order makes it possible to obtain a restraining order over someone–and hold them criminally liable for violating that restraining order–even where the "victim" neither lacks capacity nor objects to contact with the third party. (75) The fact that an older adult is competent is not a basis for dismissal of the petition. (76) Moreover, an order can be granted even if the respondent does not pose a risk to the older adult, but merely poses a threat to an investigation of alleged mistreatment, interferes with an offer of services to the older adult (regardless of whether the older adult wishes to obtain such services and regardless of whether those services have been found to be in the older adult’s best interest), or threatens to mistreat or mistreats an animal owned by or in service to the older adult. (77)
Even a caretaker of the same age group as the patient must not engage in any relationship. Or a husband, as seen in the example further down.
If people really were concerned with manipulation of elders (or minors), they could perfectly legalize the behavior after a notarized consent form, or a psychological counseling session.
But, these laws interfere in personal lives with no exception, no way out.
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Consensual sex with the elderly, a felony
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