I feel like consent from someone suffering dementia would have the same problem as consent from someone who is completely shit-faced drunk, making it not really consent.
I remember reading a while ago about a case where basically that exact thing happened. A guy got prosecuted for relations with his wife of a long time because even though they had been together for a ton of years, she had dementia and therefore couldn’t consent. I’m not sure how it played out, but chargers were filed at minimum.
I feel like consent from someone suffering dementia would have the same problem as consent from someone who is completely shit-faced drunk, making it not really consent.
I remember reading a while ago about a case where basically that exact thing happened. A guy got prosecuted for relations with his wife of a long time because even though they had been together for a ton of years, she had dementia and therefore couldn’t consent. I’m not sure how it played out, but chargers were filed at minimum.