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===Mental disabilities or conditions=== Likewise, persons with [[Alzheimer's disease]] or similar disabilities may be unable to give [[Consent (criminal law)|legal consent]] to sexual relations even with their spouse.<ref name=NYT42215>{{cite news|author1=Pam Belluck|title=Iowa Man Found Not Guilty of Sexually Abusing Wife With Alzheimer's|url=https://www.nytimes.com/2015/04/23/health/iowa-man-found-not-guilty-of-sexually-abusing-wife-with-alzheimers.html|accessdate=April 23, 2015|work=The New York Times|date=April 22, 2015}}</ref> New York does not consider it to be consent in cases where people have a physical disability that makes them unable to communicate that they do not consent, either using words or physically or if they have a mental illness or other mental condition that makes them unable to understand the sexual activity.<ref name="Jacquelyn Gray">{{cite web |url=http://crimefeed.com/2016/03/important-concepts-know-comes-consent-laws-people-disabilities/ |title=WHEN CONSENT CAN'T BE GIVEN: WHAT TO KNOW ABOUT SEX & DISABILITY LAWS |last=Gray |first=Jacquelyn|date= 1 March 2016|website=crimefeed.com |publisher=Crime Feed |access-date=23 June 2018 |quote=}} </ref> South Carolina has a 10-year penalty for a person who has sex with a person who is mentally challenged or incapable of movement.<ref name="Jacquelyn Gray"/> Law professor [[Deborah Denno]] argues that people with some types of mental challenges should be able to consent to sex; she says they "...have the right to do so, and unnecessarily broad and moralistic restrictions infringe upon that right".<ref>Deborah W. Denno, Sexuality, Rape, and Mental Retardation, 1997 U. Ill. L. Rev. 315 (1997) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/121 </ref>
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