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Saturday, February 5, 2011

The Ableism of Sex

Richard showed this too me last night and I am quiet flabbergasted on why this even on trial

The body of the link

Judge bans man with low IQ from having sex

By Martin Beckford, The Daily Telegraph February 4, 2011

A man with a low IQ has been banned from having sexual intercourse by a High Court judge who admitted the case raised questions about "civil liberties and personal autonomy".

The 41 year-old had been in a relationship with a man with whom he lived and told officials "it would make me feel happy" for it to continue.

But his local council, which provides his accommodation, decided his "vigorous sex drive" was inappropriate and that with an IQ of 48 and a "moderate" learning disability, he did not understand what he was doing. It started legal proceedings to restrict the relationship.

A psychiatrist involved in the case tried to prevent the man being given sex education, on the grounds that it would leave him "confused".

Mr Justice Mostyn said the case was "legally, intellectually and morally" complex as sex is "one of the most basic human functions" and the court must "tread especially carefully" when the state tries to curtail it.

But he agreed that the man, known only as Alan, should not be allowed to have intercourse with anyone on the grounds that he did not have the mental capacity to understand the health risks associated with his actions.

Under the judge's order, the man is now subject to "close supervision" by the local authority to ensure he does not break the highly unusual order. The judge concluded: "Alan does not have the capacity to consent to and engage in sexual relations.

"In such circumstances it is agreed that the present regime for Alan's supervision and for the prevention of future sexual activity is in his best interests."

It is the latest controversial case to come before Britain's Court of Protection. Under the Mental Capacity Act 2005, its judges have the power to make life-or-death decisions for people deemed to lack the intelligence to make them for themselves - such as ordering that they undergo surgery, have forced abortions, have life-support switched off or be forced to use contraception.

In the latest case, the man known as Alan was described as being physically able but "seriously challenged in all aspects of his mental functionality". He lived in a home provided by the council, where he developed a sexual relationship with a man called Kieron by the court. Alan was also accused of making lewd gestures at children in a dentists' surgery and on a bus, although no police action was taken.

The town hall began court proceedings in 2009 to restrict contact with Kieron on the grounds that he lacked mental capacity, and an interim order was made.

"Since then Alan has been subjected to close supervision to prevent any further sexual activity on his part," said the judge.


This entire thing rubs me the wrong way. Lets bring up a few things. First off, the trial reads simply "Ew! Gay retards are having sex ew!" It's complete aversion to the idea that "Alan" is interested with having a sexual relationship with his another person (let alone a man) NEWS FLASH!!People with intellectual abilities, developmental delays, mental illnesses and brain injuries are not non sexual people! I know this is a shock to all you able body folks here but guess what, sex isn't just for able people. And the idea that Alan wants to have a sexual relationship with a peer isn't something deviant.

Now I know people are wondering "but what if he lover is not in the same developmental range as Alan wouldn't he be taking advantage of him?" Richard and I inferred that they met in an assisted living situation and they are both adults with intellectual disabilities. I have yet to see any information that is contrary. Until that information is presented.

I am gonna say this is rather fucked.


  1. How is this different from when the government steps in to stop kids from having sex?

  2. Because the government really doesn't Unless you can give me actually sources that the UK prevents minors to having sex-and oh thanks for continue to perpetuate the idea that DD-ID folks are children that need to be watched over.