Capacity to consent to sexual relations
See the case law links for details of this area of law.
Case law
The leading case is the following Supreme Court judgment:
- [[A Local Authority v JB [2021] UKSC 52M]] — No results
More cases can be found in Category:Capacity to consent to sexual relations cases (which should probably be changed to "Capacity to engage in sexual relations cases").
External link
- Peter Bartlett, 'Sex, Dementia, Capacity and Care Homes' (2010) 31 Liverpool Law Rev 137. Abstract: 'This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.'
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