By law, a person cannot give consent, even when he or she might verbally say so, when:To emphasize: "By law, a person cannot give consent, even when he or she might verbally say so, when the person is physically or mentally disabled."
- The person is so intoxicated or unconscious due to alcohol or drugs
- The person is physically or mentally disabled
- The person was coerced due to force, threat of force, or deception or when the person was beaten, threatened, isolated, or intimidated.
So, Ohio State is purporting that, by law, if you are physically disabled -- in a wheel chair, blind, missing a limb, have cerebral palsy or MS, or any other physical condition that qualifies you as physically disabled -- you are unable to consent to sex, even if you verbally say so.
Man, it must really suck being a disabled person at OSU. No sex for you!
Or, you have a free license to accuse anyone who has sex with you of sexual assault. Even if you enthusiastically said yes, in front of witnesses, because, hey, you're physically disabled and thus not responsible for your own decisions.
I dunno, if I were a physically disabled person, I might find that a wee bit insulting. Unless I was evil.
In saner times, Occam's Razor would lead me to believe that OSU's interpretation of the law is incorrect, but we live in times when schoolchildren are suspended for chewing their poptarts into pistol shapes and 5-year-old girls who point crayons and say "pew, pew" are forced to sign contracts promising not to kill themselves or anyone else, so sane thought processes can't really be applied to official policy anymore.
Thus, the only safe advice: OSU students, do not get it on with that hot physically disabled guy/girl in your Intro to Communications class!