Capacity to consent to sex reframed: IM, TZ (no 2), the need for an evidence based model of sexual decision-making and socio-sexual competence

Mackenzie, Robin and Watts, J. (2015) Capacity to consent to sex reframed: IM, TZ (no 2), the need for an evidence based model of sexual decision-making and socio-sexual competence. International Journal of Law and Psychiatry, 40 . pp. 50-59. ISSN 0160-2527. (doi:https://doi.org/10.1016/j.ijlp.2015.04.005) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1016/j.ijlp.2015.04.005

Abstract

Recent English cases have set a very low threshold for the capacity to consent to sexual activity, and the Court of Appeal in IM v LM (2014) has held that “the ability to use and weigh information is unlikely to loom large in the evaluation of consent to sexual relations.” Such cases significantly affect the legal status of such activities involving persons diagnosed with a learning disability (LD), an autistic spectrum disorder (ASD) or other neurodiverse (ND) conditions. A principal focus on two cases in particular—IM v LM (2014) and A Local Authority v TZ (no 2) (2014)—supports the argument that the current test needs reframing from a relationship-centred perspective, in order to reflect an evidence-based model of sexual decision-making. Relevant training for persons diagnosed as LD, ASD, or ND is essential in order to promote socio-sexual competence. This is critical for resolving existing tensions between (1) sexual rights guaranteed in international agreements; (2) criminal law provisions and local authorities' obligations to protect the vulnerable; and (3) sexual health concerns.

Item Type: Article
Uncontrolled keywords: Sexual decision-making; Capacity to consent to sex; Neurodiversity; Law of consent to sex; Autism spectrum; Learning disability
Subjects: K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Cathy Norman
Date Deposited: 24 Feb 2015 11:22 UTC
Last Modified: 23 Mar 2017 10:25 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/47351 (The current URI for this page, for reference purposes)
  • Depositors only (login required):