Posted: Friday, 4 January 2019 @ 13:43
Quite an interesting piece in the weekend's Telegraph about one of the key issues of our time.
Mr Justice Hedley said the 29 year-old, who is autistic and has an IQ of 64, lacked the mental capacity to consent to having sex and so made the “very restrictive” order to protect her best interests.
He said she had previously engaged in risky behaviour with a number of people because she did not understand she could say no, and that she should be protected from “potentially exploitative and damaging” relations in future.
The order not only means she is prevented from having sex, but also means anyone who tried to have intercourse with her could be charged with sexual assault or rape.
Mr Justice Hedley said: “It is strange, but nevertheless true, that even the freedom to make unwise decisions is one that the court is required to guard and only to restrict if and when the best interests of [the woman] so require.”
As the Telegraph writes, it is the latest in a series of complex ethical cases to come before the Court of Protection, which has the power to make far-reaching decisions about the financial affairs and welfare of people deemed to lack mental capacity.
From a legal perspective this brings into the forefront the importance of the Mental Capacity Act, one of the key pieces of legislation.
Justin Patten, Solicitor