Which group of individuals can be considered victims of second-degree forcible sex offenses?

Individuals who are mentally incapacitated can be considered victims of second-degree forcible sex offenses due to their inability to give informed consent. The law recognizes that when a person is mentally incapacitated, they lack the capacity to understand the nature of the act or to make a rational and voluntary decision regarding it. This incapacity may arise from various conditions such as intoxication, mental illness, or cognitive disabilities. As a result, engaging in sexual acts with someone who is mentally incapacitated is a violation of their rights and is addressed under sexual assault laws.

Other groups listed may face various challenges or circumstances that do not directly correlate with the legal definition of consent or victimhood in cases of sexual offenses. Financial distress, for example, does not inherently impact an individual's ability to consent; similarly, mental health professionals do not fit the criteria as victims of second-degree forcible sex offenses based merely on their profession. Individuals with prior criminal records are not automatically considered victims and do not relate to the criteria for mental incapacity in relation to consent.