Please or to access all these features

Feminism: Sex and gender discussions

Man's 'right' to have sex is more important than vulnerable women's right to safety.

129 replies

jellyfrizz · 03/10/2019 09:00

www.theguardian.com/society/2019/oct/03/man-who-does-not-understand-consent-has-right-to-pursue-sex-court-rules

The judgment said that the “decision to engage in sexual relations ... is a primal expression of our humanity and existence as sexual beings. It is an essential part of our basic DNA as reproductive human beings.”

In its submission to the court, the local authority said that there was concern that JB’s behaviour, if unrestrained, “might result in his exposure to the criminal justice system and risk to potentially vulnerable females”. They said that his advances to women in the past have lacked appropriate social inhibition.

FFS!

OP posts:
CuriousaboutSamphire · 03/10/2019 09:18

The correct judgement should have been that he has a right to want sex but not at the cost of unconsenting women. That is the bloody judgment! The fact of consent is not changed by the judge deciding the Care Package was too restrictive!

The REAL issuse is that this has not been tested at the Supreme Court, so no judge can make any other decision. Just like the man with a wife with dementia! There is NO OTHER judgement they can come to without a Supreme Court ruling.

The LA have appealed. Hopefull that will be heard and they will; chase it all the way up the system and get a definitive answer. Nobody has done that before. It needs to be done, as quickly as possible.

Wearywithteens · 03/10/2019 09:10

This reply has been withdrawn

This has been withdrawn at the poster's request.

FrappeLatte · 03/10/2019 09:10

No one has a “fundamental right to sex”.

However, it’s not clear what restrictions the LA are trying to impose. Are they trying to prevent him (trying to) form a relationship (“family life”). Because that would be unfair.

CuriousaboutSamphire · 03/10/2019 09:09

???

What is wrong with that, in essence?

He is an adult, albeit with social issues. He has as much right as every other adult to have as normal a sexual and family life. I remember when adults with any learnign difficulty (Downs Syndrome etc) were held incapable and were forced into a celibate solitary life as they were deemed dangerous to themselves and others!

If the care package that was in place was overly restrictive then it was right to remove it. Yes, there is a great conflict of interests and, as Victoria Butler-Cole QC says in that last paragraph, it will need to get to Supreme Court in some form, in order for it to be resolved.

As far as I can tell there is nothing preventing his care team putting another Order in place that is less restrictive and enables him to form proper relationships.