A judge in the UK has banned an autistic woman with an IQ of 64
from having sexual intercourse on the grounds she does
not fully understand she could say no to such actions.
Mr Justice
Hedley said the 29-year-old lacks the mental capacity to consent to having sex,
and made the order to protect her best interests. He said she had to be
protected from 'potentially exploitative and damaging' relations in the future,
as she had already been involved in risky behaviour with
people.
The order
prevents the woman from having sex and also means anyone trying to have sex with
her can be charged with sexual assault or rape. Mr Justice
Hedley said: 'It is strange, but nevertheless true, that even the freedom to
make unwise decisions is one that the court is required to guard and only to
restrict if and when the best interests of (the woman) so require.'
The case was seen at the controversial Court of
Protection, which was set up in 2007 to
decide on medical treatments for individuals judged by psychiatrists to lack
mental capacity.
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