Please support our work with a donation. Crawford told the group that there were reasons to be concerned for Amanda's safety if she was left unsupervised. Mills, who was also enrolled in Wilhelm's class, asked Amanda "if she would be [his] girlfriend, and she said yes. In JuneAmanda admitted to Crawford that during her freshman year, she had in fact engaged in sexual intercourse with Warner. To the contrary, there was no dispute that Amanda willingly engaged in the sexual conduct in question. After interviewing both Amanda and Warren, school officials concluded that no sexual encounters had occurred.
The court explained that the guardianship orderwas minimally relevant to the question ofAmanda's capacity to consent to sex. A person may be deemed legally incapacitated based upon his or her "demonstrated inability to adequately provide for nutrition, health, housing, or physical safety," RCW At the conclusion of six weeks of testimony, the jury determined that neither Amanda nor Patel had been proximately damaged by the acts or omissions of the District. Accordingly, in order to demonstrate that Amanda lacked the capacity to consent, Patel was required to prove at trial that Amanda was incapable of "understanding the nature or consequences of the act of sexual intercourse" at the time of the sexual contact. By contrast, the guardianship order stated that Amanda was legally "incapacitated. Matsushita Elec. This is not so.