A lawsuit filed by a female prisoner who had a sexual relationship with a male guard that produced a child has raised the question of whether an inmate is legally capable of exercising consent.

The U.S. Court of Appeals for the Sixth Circuit, which reversed the dismissal of plaintiff Dustan Hale’s case against guard Thomas Pennington and Boyle County, Kentucky, said that a district judge’s termination of the case was premature, as factual issues remained.