Lady with severe learning disabilities ruled by judge that she can give consent to sex

[Aeroflotgirl]

Warning DM article

www.dailymail.co.uk/news/article-2806391/Judge-rules-22-year-old-woman-severe-learning-disability-history-abusive-relationships-does-mental-capacity-consent-sex.html#comments

Having worked with adults who have learning disabilities and having a child with ASD and developmental delays, the judges decision filled me with horror. This is a woman with an extremely low IQ who professionals have described as having the mental capacity of a young child. This is not right, she has been abused in the past, surely she is a vulnerable adult and needs protecting not exposing to harm.

I am shocked about the responses to this, from the DM readers, yes technically she is an adult, but that means nothing. More importantly, she cannot give informed consent due to her severe needs.

I don't think we can read a Daily Mail article then dismiss the decision of the actual judge who had all the facts.

Im not sure I would want my DD to never have sex as an adult, if she wanted to, just because she has a disability.

I have to say I am not going to read the article though

Clearly someone should be looking after her interests and guiding her more than they have though.

I wont click the link but your last sentence ...the judge with all the facts obviously feels she IS able to give informed consent

I won't read the article either, think I would find it too disturbing. But is there a particular reason the judge needed to decide on whether she was capable of consenting to sex? Was someone trying to stop her/force her to have intercourse?

I won't bother reading the article. I suspect it's a sensationalist title for a non-story. A judge presumably listened to professional testimonials and decided this is in the woman's interest.

Pumpkin how can you say without reading the article. She has been abused in the past as she does not have the mental capacity to make an informed decision. Judges do not always get things right.

unless you know this woman personally you have no idea what her needs are. the judges hands were tied there are guidelines and he had to go by them. he did say he had reservations about the decision.

it would be a very difficult judgement to put on a person that they cannot consent to sex ever. she seems to live a very turbulent lifestyle and that is very sad indeed but im not sure what a judgement would do in her favour but would instantly render any man to have sex with her a rapist.

The guidelines to ascertaining if someone has the capacity to make a particular decision are pretty clear cut and people are allowed to make unwise decisions. I would guess if her capacity has been assessed by several qualified people and gone to court, she probably can make this decision.

Doesn't make it any easier watching someone put themself at risk though. Heartbreaking.

I agree that people do need to read the article or another source on the same story.

It is a worrying case. The judge himself stated he had some misgivings about the verdict.

Her boyfriend is asking her to have sex with other men who then pay him £50. She admits to getting scared of her boyfriend.

It seems like she needs some protecting. I'm not sure if declaring incapable of consenting would be the best way.

She needs protecting, not exposing to harm. An IQ of 53 is extremely low. A SW has said that she has been exposed to sexual, physical and financial harm. I am just commenting on what I am reading. By the way woukd it be better if it was a Times article!

So she is allowed to have sex, but you can bet your life when she gets pregnant social services will be involved and she will probably lose the baby. I just hope it goes to a family member under an SGO and not adoption out of the family.

She is a vulnerable adult I hope Sw are doing their best to protect her from abuse.

the thing is though a ruling saying she can't consent wouldn't actually stop her having sex so wouldn't really stop her being in harm's way. yes the man would then be brought up in court but by that point the damage has already been done. she appears to be able to have a life outside of her parents home so can function in that respect so it would be virtually impossible to keep her out of these situations if they are what she wants.

it's a very sad case of course I feel for her and her family I just don't know what would help in this situation. maybe she needs a place to need people who are kind and maybe face the same challenges as she does.

Why can't she have sex? It seems to be relationships not sex that is the problem!

She's being prostituted and exploited he should be able to be punished anyway

It says that her ability to constant comes and goes as her leading ability fluctuates.
Yes she has been abused in the past but this is different from a loving relationship. Plenty of women are abused, that does not mean they have their right to consent taken away. I think she needs some sort of protection and her abusers need charging with something.
They say she has the social skills of a 12/13 year old. I am very confused with how I feel about this case, the judge made a ruling based on various experts opinions who all agreed she had the capacity to give consent.

I would also be very worried for the child if she got pregnant, which is another issue all together.

Here an article from a different source basically the same thing

www.amazon.co.uk/Shaun-Hip-Hop-Fitness-Programme/dp/B001M508N6/ref=sr_1_1?s=sports&ie=UTF8&qid=1413929776&sr=1-1&keywords=hip+hop+abs

Thank you for the full link.

That does seem like a sensible and balanced decision

oops sorry this one
www.ibtimes.co.uk/derbyshire-woman-iq-53-capable-consenting-sex-rules-judge-1471626

I bought hip hop abs to try and tone my mummy tummy. This article basically tells of the same thing

I am sorry, I just don't agree. She has already been taken advantage of and been abused in various ways. Her Psychiatrist has said that she has the capacity of a very young child. You would not let a young child have sex, and would try and protect them from harm, no different imo.