Mental Capacity Law, Sexual Relationships, and Intimacy

Author: Beverley Clough; Laura Pritchard-Jones
Publisher: Bristol University Press
ISBN: 9781529235623
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments.

This collection brings together academics, practitioners and organisations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.

Foreword – Dr Margaret Flynn and Kirsty Keywood

Introduction – Dr Beverley Clough and Dr Laura Pritchard-Jones

Part I: Legal and Policy Trajectories

1. Historical Perspectives on the Legal Regulation of Sexual Relationships and Intimacy by Reference to Mental Capacity – Professor Ralph Sandland

2. Capacity and sexual consent - a question should never have been asked? – Alex Ruck Keene, Allegra Enefer and Alan Cusack

3. Capacity to Consent to Sex: Analysing the Boundaries Between Civil and Criminal Law – Dr Jaime Lindsey and Dr Karen Brennan

4. Reflections – Claire Bates

Part II: Challenges in Practice and Future Directions

5. Where is the love? Promoting a person-centred, relational and rights-based approach to social work practice in the context of mental capacity, sexual relationships and intimacy – Dr Hannah Morgan & Becky Squires

6. “I just felt that I was just somebody who was there to be abused”: Disabled rape victim-survivors talk about their journeys towards realisation – Dr Andrea Hollomotz & Leah Burch

7. Dementia, Sexuality, and the Law – Dr Oluwatoyin Sorinmade and Carmelle Peisah

8. Nifty Shades of Grey – Neil Allen

9. Reflections – Lorraine Currie

Conclusions – Dr Beverley Clough and Dr Laura Pritchard-Jones