Sexual Exploitation of Young People with FASD - UBC ...

Communicate decisions about sexual conduct
“complainant does not understand more than one step
instructions, vocabulary at 8 year old level, does not
understand time references, when fails to understand will
become passive and say yes”.
Example in her evidence of 14 yes responses to leading
questions then added “I said yes but that was 3 years and I
can’t remember”.
Judge said “if she lacks the capacity to understand and
foresee… then it must follow that she lacks capacity to
communicate decisions that she is unable to make”