Consent of the mentally challenged

cafecolour

How is it determined if a person who is mentally 'challenged/handicapped' (I don't know what the correct terminology is these days), is capable of agreeing to a legal contract?

I'm thinking even things as simple as getting a credit card at a bank or a mobile phone contract, where you're committing to certain payments/financial penalties.

How about sexual consent? Is there any case where an adult handicapped person would be considered incapable of giving sexual consent, and it would be considered 'statutory rape'?

These are purely theoretical btw, I'm not planning on selling phone plans to/propositioning any special needs adults at the moment.

dermot_sheehan

section 5 of the Criminal Justice (Sexual Offences) Act 1993 makes it a criminal offence to have sexual relations with a mentally impaired person.
http://www.irishstatutebook.ie/1993/en/act/pub/0020/sec0005.html#sec5

a person with mental capacity can contract for necessities s. 2 of the Sale of Goods Act 1893

http://www.attorneygeneral.ie/slru/Restatement_Sale%20_of_Goods_Acts_1893_and_Part%20II_of_1980%20.pdf
Capacity to buy and sell is regulated by the general law concerning capacity to contract,
and to transfer and acquire property. Provided that where necessaries are sold and
delivered to an infant, or minor, or to a person who by reason of mental incapacity or
drunkenness is incompetent to contract, he must pay a reasonable price therefor.
Necessaries in this section mean goods suitable to the condition in life of such infant or
minor or other person, and to his actual requirements at the time of the sale and delivery.