Court bans man with low IQ from having sex

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Court bans man with low IQ from having sex - Telegraph

Court bans man with low IQ from having sex
Monday 07 February 2011

A man with a low IQ has been banned from having sex by a High Court judge who admitted the case raised questions about “civil liberties and personal autonomy”.

The 41 year-old had been in a relationship with a man whom he lived with and told officials “it would make me feel happy” for it to continue.

But his local council decided his “vigorous sex drive” was inappropriate and that with an IQ of 48 and a “moderate” learning disability, he did not understand what he was doing.

A psychiatrist involved in the case even tried to prevent the man being given sex education, on the grounds that it would leave him “confused”.
Mr Justice Mostyn said the case was “legally, intellectually and morally” complex as sex is “one of the most basic human functions” and the court must “tread especially carefully” when the state tries to curtail it.

But he agreed that the man, known only as Alan, should not be allowed to have sex with anyone on the grounds that he did not have the mental capacity to understand the health risks associated with his actions.

Under the judge’s order, the man is now subject to “close supervision” by the local authority that provides his accommodation, in order to ensure he does not break the highly unusual order.

The judge concluded: “I therefore make a declaration that at the present time Alan does not have the capacity to consent to and engage in sexual relations.

“In such circumstances it is agreed that the present régime for Alan's supervision and for the prevention of future sexual activity is in his best interests.”

It is the latest controversial case to come before the Court of Protection, a little-known authority whose proceedings are held behind closed doors.
Under the Mental Capacity Act 2005, its judges have the power to make life or death decisions for people deemed to lack the intelligence to make them for themselves – such as ordering that they undergo surgery, have forced abortions, have life-support switched off or be forced to use contraception.
In the latest case, the man known as Alan was described as “sociable” and “presented as an able man” but who was “seriously challenged in all aspects of his mental functionality”.

He lived in a home provided by the council, where he developed a sexual relationship with a man called Kieron by the court. Alan was also accused of making lewd gestures at children in a dentists’ surgery and on a bus, although no police action was taken.

In June 2009 the town hall began court proceedings to restrict his contact with Kieron on the grounds that he lacked mental capacity, and an interim order was made to that effect.

“Since then Alan has been subjected to close supervision to prevent any further sexual activity on his part,” except when he is alone in his bedroom.
However he told representatives of the Official Solicitor, who acts in the Court of Protection, to tell the judge “I want to kiss them again”.

Mr Justice Mostyn highlighted the fact that the court cannot prevent people from merely making “unwise” decisions, and that a simple test can be carried out to see if a person is capable of consenting to sex based on the act itself rather than the proposed partner.

The judge said it requires an understanding and awareness of the “mechanics of the act”, “that there are health risks involved” and that sex between a man and a woman may lead to pregnancy.

He said that the psychiatrist thought Alan “believed that babies were delivered by a stork or found under a bush”, and that “sex could give you spots or measles”.

On that basis the judge ruled that Alan did not have the capacity to consent to sex, but also ordered that the council should provide him with sex education “in the hope that he thereby gains that capacity”.
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Ummmm....that's a new one for me!...But could in fact, save his life, as he's apt to be taken adantage of and might acquire Aids, due to multiple partners. And might be a threat to society as he doesn't understand what he's doing.

But don't think it's gonna work unless he's casterated or "sewn up"....
 
if an adult had sex with a person with mental capacity of 12 years old.... is it a pedophilia? :hmm:
 
Jiro said:
if an adult had sex with a person with mental capacity of 12 years old.... is it a pedophilia? :hmm:
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Wow great question...Mmmmm I gotta say unless he has a history of sex with 12 yr old or lower mental capacity individuals... he is not a pedaphile but a rapist. but you know how do we or anyone for that matter know who everyone is having sex with. I heard of a story of 2 young people 20 with Downs Syndrome, said to have the mental capacity of 10 year olds who were having a baby. they told the court they knew about sex. the mother of the young woman wanted the court to force her to have an abortion. The young girl it was discovered later had been raped at the small store she worked at in her neighborhood. The owner took her in his office and said it was part of her physical to work there, he raped her once a week. How sad is that?
 
MidnightSun said:
Wow great question...Mmmmm I gotta say unless he has a history of sex with 12 yr old or lower mental capacity individuals... he is not a pedaphile but a rapist. but you know how do we or anyone for that matter know who everyone is having sex with. I heard of a story of 2 young people 20 with Downs Syndrome, said to have the mental capacity of 10 year olds who were having a baby. they told the court they knew about sex. the mother of the young woman wanted the court to force her to have an abortion. The young girl it was discovered later had been raped at the small store she worked at in her neighborhood. The owner took her in his office and said it was part of her physical to work there, he raped her once a week. How sad is that?
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well - that's a whole another different story.

But in my post, it's very specific. If a man knowingly engaged in sex with an adult with mental capacity of 12 years old... is he a pedophile?
 
pedophile

Jiro said:
well - that's a whole another different story.

But in my post, it's very specific. If a man knowingly engaged in sex with an adult with mental capacity of 12 years old... is he a pedophile?
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I am sorry Jiro,You are correct, you arked a simple question...im sorry still haven't got the brain under complete control...im trying,,sorry.Minx
 
I'll give ya'all a hint to what I'm talking about - in our legal system, the crime is based on mens rea and actus rea.

the man's actus rea is engaging in sex with an adult with mental capacity of 12 years old.
the man's mens rea is that he wants to engage in sex with a 12 years old.

Problem? that adult is technically an adult so no he's not a pedophile.

A curious question? does the thought of engaging in sex with an adult that resembles pre-teen and/or have an attitude of pre-teen make you a pedophile? :hmm:

In actual life - it all comes down to if the sex was consented or not.
 
Jiro said:
if an adult had sex with a person with mental capacity of 12 years old.... is it a pedophilia? :hmm:
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It depends on the motive of the perpetrator. I do not know much about pedophilia psychology, but I would wager that a pedophile has different reasons for being attracted to a child: it could be an attraction to the physicality of a child, or it could be an attraction to the mental state of a child (and, more to the point, the violation of that mental state.)

I don't think the two motives are mutually exclusive, but for the sake of answering your question, I would wager that if the person engaged in sex with someone with a mental capacity of a child, and they were doing it because they were attracted to that mental capacity and/or the violation of it, then YES. It is pedophilia, regardless of the victim's physical appearance.

Sorry if this post makes anyone squirm, but I do think it is a valid question.
 
MidnightSun said:
Wow great question...Mmmmm I gotta say unless he has a history of sex with 12 yr old or lower mental capacity individuals... he is not a pedaphile but a rapist. but you know how do we or anyone for that matter know who everyone is having sex with. I heard of a story of 2 young people 20 with Downs Syndrome, said to have the mental capacity of 10 year olds who were having a baby. they told the court they knew about sex. the mother of the young woman wanted the court to force her to have an abortion. The young girl it was discovered later had been raped at the small store she worked at in her neighborhood. The owner took her in his office and said it was part of her physical to work there, he raped her once a week. How sad is that?
Click to expand...

Uhhhhm, that's a Law and Order SVU episode....
 
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