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/lp/emerald-publishing/should-sex-have-legal-boundaries-Nj0lhAp69X
- 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 Review – Emerald Publishing
Published: Aug 1, 2000