A UK man, only known as “Alan,” was deemed intellectually incapable of having sex by a High Court. In a case that the judge called “legally, intellectually and morally” complex, Alan, a 41-year-old with an IQ of 48 (considered moderately learning disabled), was found incapable of having the capacity to consent, and therefore, of engaging in sexual relations. Under the judge’s ruling, Alan was ordered to be under close supervision by the local authority to moderate his “vigorous sex drive.” In the meantime, the judge ordered that Alan be provided with sex education “in the hope that he thereby gains the capacity.”
Alan, who lived in a home with a man named Kieron who he developed a sexual relationship with, told the court that “it would make [him] feel happy” for his relationship to continue. In 2009, Alan was accused of making lewd gestures at children in a dentist’s office and on a bus, but he never physically harmed any of them. Since then, Alan has been monitored to prevent any further sexual activity, except when he is alone in his bedroom.
But the judge didn’t think this was sufficient. In Alan’s psychiatric evaluation, he told the doctor that he “believed that babies were delivered by a stork or found under a bush” and that “sex could give you spots or measles.” The judge felt that Alan’s privilege to have sex would require an understanding 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. Under the Mental Capacity Act 2005, judges have the power to make decisions for people deemed intellectually unsound.
So, what do you think about this case? Did the judge make a fair call? Or did he go too far? [Telegraph]