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Should Sex Have Legal Boundaries

Should Sex Have Legal Boundaries SERVICE FEATURE: HEARING LOSS TITLE • • • • • • • • • • • • L A W Alison Brammer incapable in the total sense. For consent to sexual UNIVERSITY OF KEELE relations the common law test of capacity applies; that is, the individual must be capable of under- standing what is proposed and its implications and he link between law and the sexual health of must be able to exercise choice. In this context, Tpeople with learning disabilities is not implications may include awareness of the immediately apparent. On closer examination, there possibility of pregnanc y. are clearly areas in which the law sets boundaries to The majority of people with a mild learning sexual health and activity, both explicitly and disability will be able to satisfy this test and enjoy implicitly. This article focuses on two areas where the same rights to sexual relations as adults without law imposes restrictive limits under the guise of the a learning disability. need for protection.Whether this can be justified as Difficulties arise where a person does not have appropriate is questioned, and it may be argued capacity. Currently, it is only possible to delegate that discrimination operates to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tizard Learning Disability Review Emerald Publishing

Should Sex Have Legal Boundaries

Tizard Learning Disability Review , Volume 5 (3): 4 – Aug 1, 2000

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1359-5474
DOI
10.1108/13595474200000025
Publisher site
See Article on Publisher Site

Abstract

SERVICE FEATURE: HEARING LOSS TITLE • • • • • • • • • • • • L A W Alison Brammer incapable in the total sense. For consent to sexual UNIVERSITY OF KEELE relations the common law test of capacity applies; that is, the individual must be capable of under- standing what is proposed and its implications and he link between law and the sexual health of must be able to exercise choice. In this context, Tpeople with learning disabilities is not implications may include awareness of the immediately apparent. On closer examination, there possibility of pregnanc y. are clearly areas in which the law sets boundaries to The majority of people with a mild learning sexual health and activity, both explicitly and disability will be able to satisfy this test and enjoy implicitly. This article focuses on two areas where the same rights to sexual relations as adults without law imposes restrictive limits under the guise of the a learning disability. need for protection.Whether this can be justified as Difficulties arise where a person does not have appropriate is questioned, and it may be argued capacity. Currently, it is only possible to delegate that discrimination operates to

Journal

Tizard Learning Disability ReviewEmerald Publishing

Published: Aug 1, 2000

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