Capacity to consent to sexual relations and the Mental Capacity Act 2005

This article outlines the current state of the Court of Protection caselaw on capacity to consent to sexual relations and identifies a number of difficulties with the present position. Design/methodology/approach This article reviews and summarises the current caselaw. Findings This article identifies problems arising with the court's approach to assessing capacity to consent to sexual relations, in particular the problems caused by treating decisions about sexual relations as generic, but decisions about contact with other people as specific. Originality/value This article is a comprehensive summary of the current state of the application of the Mental Capacity Act 2005 in this sensitive area.

Source: Advances in Mental Health and Intellectual Disabilities - May 5, 2017 Category: Disability Source Type: research