Pedophilia describes as who identifies socially and sexually with children. Some of them suffer from regression whose sexual development and interpersonal orientation does not correspond to their age. So there is mental element there also. This is why I find Max falling in love with Bella a bit disturbing.
Anyway, this is not the issue. We are trying to predict how the legal system would have treated the theoretical case described in the film. It doesn't matter if Max is a pedophile in the clinical sense; the only thing that matters is the legal domain. Bella's developmental level is that of a child (infant's brain), and therefore, any intercourse or marriage with her is considered pedophilia by the law. The judicial system will have to make a decision here. It is hard to believe that they will decide not to prosecute because of her appearance. They will have to determine her physical and mental age in those years. They will rightly decide to prosecute Max for pedophilia based on her developmental status.
On the legal level, I think that Duncan case is more complex because he didn't know Bella real age.
But now I remember their first scenes together (like for example with the clams) I tend to agree with you that Bella "not able to understand and willingly give consent". Even though people with cerebral palsy (most likely that's how the average person will think of Bella), like anyone else, can and do form relationships with individuals both with and without cerebral palsy. It was clear at this point that she was not high-functioning on an intellectual and emotional level, making it challenging for her to comprehend the meanings of sex and its consequences. Furthermore, he didn't even attempt to do the basic thing and talk to her about it. So it's definitely a rape.
In other words, both of them should be in jail, the doctor as well.
The film is immoral in so many disturbing ways.
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