Performing oral sex on a severely retarded man who cannot understand the act constitutes a felony.

• A. True
• B. False
• C. Not specified
• D. It depends

Answer: (A)

Consent must come from someone who can understand and appreciate what is happening. When a person cannot understand the act due to intellectual disability, they cannot provide informed, voluntary consent. In that situation, any sexual act is non-consensual by default, and many jurisdictions treat it as a serious crime, often a felony, because it exploits someone who cannot protect themselves or make a safe, informed choice. This principle exists to shield vulnerable individuals from abuse and coercion, recognizing that consent requires capacity. While specific charges can vary by jurisdiction, the core idea remains that lack of understanding means no valid consent, making the act illegal in most cases.