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References (3)
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Paul Skowron (2014)
Evidence and causation in mental capacity assessments PC v City of York Council [2013] EWCA CIV 478.Medical law review, 22 4
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M. Curtice, J. Mayo, Juli Crocombe (2013)
Consent and sex in vulnerable adults: a review of case lawBritish Journal of Learning Disabilities, 41
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J. Herring (2012)
Mental disability and capacity to consent to sex: A Local Authority v H [2012] EWHC 49 (COP)Journal of Social Welfare and Family Law, 34
- Publisher
- Emerald Publishing
- Copyright
- Copyright © Emerald Group Publishing Limited
- ISSN
- 2044-1282
- DOI
- 10.1108/AMHID-12-2016-0046
- Publisher site
- See Article on Publisher Site
Abstract
PurposeThe purpose of this paper is to outline the current state of the Court of Protection case law on capacity to consent to sexual relations and identifies a number of difficulties with the present position.Design/methodology/approachThis paper reviews and summarises the current case law.FindingsThis paper identifies problems arising with the court’s approach to assessing capacity to consent to sexual relations, in particular the problems caused by treating decisions about sexual relations as generic, but decisions about contact with other people as specific.Originality/valueThis paper is a comprehensive summary of the current state of the application of the Mental Capacity Act 2005 in this sensitive area.
Journal
Advances in Mental Health and Intellectual Disabilities – Emerald Publishing
Published: Mar 6, 2017