Can a mentally retarded person be charged with a crime if they assaulted me?

Question

So the other day my mom and I were in the store and ahead of us in the checkout line were a large man and a small woman. i didn't realize at the time, but the man was retarded (i don't know if it was downs or severe autism, i didn't look at his face) and started freaking out. the woman tried to control him but she couldn't, so she led the man down out of the line and as she did, the man slammed both me and my mom against the checkout belt thing. it hurt a lot, but we didn't do anything since it's one of those situations where even if you are right, people will still hate you and say you're wrong
this isn't the first time something like this has happened (the downs box boy once told my mom to die because she declined help out to her car). both of us are sick of it. my question is, if something like this should happen again, some sort of violence or assault, could we press charges? if it were a normal person i know we could, but are the retarded not responsible for their crimes? is it like a dog bite case where the dog isn't convicted but the owner/handler is for not being in control? i'm sorry if my language is insensitive, but i want to be clear and tiptoeing around what i'm trying to ask won't help.

Spock (rhp) · Answer

while you have the right to file a police report, and it will be investigated, nothing is likely to come of it.  I can't imagine any DA who would try such a case ... more likely shuffle the offender off to the psych ward for a bit and then send him home.

? · Answer

Yes, it's possible.  Just understand that the police are going to be extremely lenient in such a situation and if you called them they are most likely not going to arrest the person if you are not lying on the floor bleeding with broken bones.  Then if the guy were arrested, his mental health would be a factor in the following court process.

STEVEN F · Answer

ANYONE can be charged.  If the person has an actual mental disability, that CAN be a defense.
Note: mentally retarded covers a BROAD range of ability and is not sufficient to determine if the person is legally competent to be held responsible.

After reading your details, what you describe IS NOT assault.

Pearl L · Answer

i would press charges, theres no excuse for that, and maybe you can talk to their manager too, if theyre hurting people at work then they dont belong ther

martin · Answer

If a retarded person attacks you, and if you want to sue, you would bring an action against everyone who could be responsible, the retarded person himself, his caretaker, his guardian, his parents, his doctors, the manufacturer of the pharmaceuticals he takes, and anyone else whom the specific circumstances prove to be at fault.

Anonymous · Answer

Yes.

? · Answer

Yes, they can be charged with assault. The defense will claim mental incompetence, and the court may find, if the person is a danger to others, that the person needs to be confined to an institution.
The box boy example is just silly- he didn't assault anyone. I recommend you leave that out if you decide to press charges.

oof · Answer

They should but their defenders will plead their case and win.

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Can a mentally retarded person be charged with a crime if they assaulted me?

8 Answers