"Criteria for inferring sexual consent capacity. 1. Voluntariness: A person must have the ability to voluntarily decide, without coercion, with whom he or she wants to have sexual relations. 2. Safety: Both participants in the sexual behavior must be reasonably protected from physical harm (e.g., sexually transmitted disease) or psychological harm (e.g., undesired separation from each other). 3. No exploitation: A person should not be taken advantage of or used by another (e.g., someone with power or higher status) in a way that is inconsistent with voluntariness. 4. No abuse: Psychological or physical abuse must not be present in the relationship. 5. Ability to say no: A person must be able to communicate ‘‘no’’ verbally or non-verbally, and to remove himself or herself from the situation at hand, indicating a wish to discontinue the interaction. 6. Socially appropriate time and place: Either the person must be able to choose a socially acceptable time and place, or the person must be responsive to directives toward that end. Mental Retardation. 4, 264–268 (1995)."