Judge bans {gay} man with low IQ from having sex
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hXXp://www.vancouversun.com/life/Judge+bans+with+from+having/4225699/story.html#ixzz1D2RzFmoF
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.
Copyright The Daily TelegraphWhile there has been similar cases that involved heterosexuals with low IQ, their right to have sex has never been denied.
Chalk another one up for blatant homophobia in the government and courts.
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this somehow restores my faith (or lack thereof) in the way of the universe.
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This must not be legal to do to anyone IMHO. This could not possibly stand after an appeal process and if it does this sends a scary message!!
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Part of me says we don't have all the information - which I'm sure is true. Leatherbear- I think straight people's sexual activities are under supervision when they live in a state institution. Wouldn't you presume a "council home" would be similar? I know it is a troubling precedent and since the world generally is a more homophobic place than not, it is reasonable to conclude that people don't stop it when they are judges or lawyers or bus drivers for that matter. But isn't it just as disconcerting for people to reproduce when they are completely (physically, mentally & financially) incapable of caring for the children? It is contradictory to say they have the "right" to reproduce, but not the accompanying responsibilities. Guess who pays for all that extra supervision to care for said children? And is it fair to the children produced thusly?
However, back to the specifics of this case - the need for sexual outlet intimacy and companionship should not be completely ignored though and they seem to be. This time I'll only say possibly not enough info since Gay people are commonly at the bottom of the barrel.
Thorny questions with no easy answers for sure.
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I'm disappointed by how weak all of articles and headlines are on this story. The fact that this has never happened to a hetero, but is happening to a gay person isn't even mentioned in any of the articles.
Also, councils have been paying for heteros with mental and physical disabilities to have sex via hookers.
hXXp://www.telegraph.co.uk/health/7945785/Councils-pay-for-prostitutes-for-the-disabled.html
Councils pay for prostitutes for the disabled
Taxpayers' money is being spent on prostitutes, lap dancing clubs and exotic holidays under schemes designed to give more independence to the disabled.
By Laura Donnelly, Michael Howie and Ben Leach 9:30PM BST 14 Aug 2010
One local authority is using its budget to pay for the services of a prostitute in Amsterdam, while others have said visits to lap dancing clubs are permissible under new policies which transfer funds directly to those who receive care from social services.
Holidays abroad, subscriptions for internet dating and driving lessons have all been funded by the taxpayer under a national initiative introduced by the last Government.
The £520 million scheme promised to give elderly people and those with disabilities more control over the care they received, by passing on cash so individuals could choose the services they needed, such as home help, or mobility aids.
An investigation by The Sunday Telegraph can disclose that exotic holidays, internet dating subscriptions and adventure breaks, as well as visits to sex workers and lap dancing clubs have been permitted under the system.
One local authority has agreed a care plan including payment for a 21-year-old with learning disabilities to have sex with a prostitute in Amsterdam next month.
His social worker, who spoke on condition of anonymity, said social services were there to identify and meet the needs of their clients – which, in the case of an angry and frustrated young man, meant paying for sex.
Another care worker said staff at her council had been told that trips to lap dancing clubs could be funded, if it could be argued that it would help the "mental and physical well being" of their client.In response to Freedom of Information (FOI) requests, four local authorities describe themselves as "condoning" the payment of sex workers by disabled clients, using money transferred from their budgets.
Other councils said they took no moral judgement about the use of funds, but said care money could be spent on anything, as long as it was not illegal.Paying for sex is not against the law but soliciting sexual services, kerb crawling and paying for sex with women who have been coerced into prostitution is.
In Greater Manchester and Norfolk, councils say payments to social care clients can be used to pay for internet dating subscriptions.
In the course of 12 months, one man with mental health problems from Norwich received a holiday in Tunisia, a subscription to an internet dating site, driving lessons, and expensive art materials.
Department of Health documents describe how the man received the funding on top of his state benefits, after suffering from psychiatric problems when his wife asked for a divorce.
In the report on his case, the man says he needed "some time out, some rest and a change of scenery" after suffering marital problems and says the break in Tunisia with a friend was cheaper than a week in institutional care.
Trafford council, in Greater Manchester, says its budgets cannot be spent on anything illegal, or anything that would bring the council into disrepute. It suggests personal budgets could be used for holidays, adventure breaks, subscriptions to dating agencies, horse riding or to buy a pet.The FOI survey, by The Outsiders and TLC Trusts – two groups which campaign for the sexual rights of people with disabilities – found most local authorities said they did not "condone" transfer of their funds to pay for sex.
But of 121 councils who responded, 97 per cent said they had no policy on the topic, allowing discretion for social workers and junior managers about how to manage such requests.Several councils contacted by this newspaper said they did not know if they had ever funded visits by disabled people to sex workers.
Stockton-on-Tees borough council said it did not think it had funded sex workers for clients. A spokesman said people "in receipt of our care can do whatever they wish, though we would not condone or be involved in anything illegal".
A spokeswoman for Knowsley council said requests for funding to access sexual services would be "looked at on a case by case nature".
Doncaster council said that so far it had not funded any requests for sexual services, but said future decisions would depends on the needs of the individual.
Norfolk county council said it did not believe it had funded any visits to sex workers, but Di Croot, assistant team manager for learning disabilities in North Norfolk said such requests would be looked on "favourably" with staff encouraged to be "as free thinking as possible" about how to ensure all the needs of clients were met.
Zoe Grace Cozens, who wrote the council's policy on learning disability and sexuality, said the authority also had a duty of care to ensure that those with learning disabilities were not being exploited financially, if they paid for prostitutes from their own money.
"That could mean care workers phoning to check what rate sex workers were charging," she added.
Belinda Schwer, a legal consultant who advises councils, said many local authorities agreed support plans for clients which did not specify how funds would be used, once they passed out of their hands.
"From what I have seen, at least one quarter of local authorities are doing support plans which only state what outcome should be achieved – not which services are being employed."
In the case of someone given funds to go to a sex worker, such documents might set out an intended emotional outcome, rather than the means by which it was achieved, she suggested. "If you have got a happy and calm person who was previously frustrated and angry, that might achieve a good outcome, but the case law says councils should be setting out which services are being used," she said.
Neil Coyle, director of policy at Disability Alliance, said most people with disabilities did not want or expect the state to pay for sexual services.
He said: "When people go to councils for help, they are looking for essential services to maintain some level of dignified existence – help to dress and wash. Given that councils have been drawing the most basic support from those who need it, I do not think this is the biggest concern of people with disabilities."
Liz Sayce, chief executive of disability network Radar, said the desire for sexual relations was a matter of human rights, meaning cases involving payments should be carefully examined on a "case by case" basis.
Matthew Elliot, chief executive of The Taxpayers’ Alliance said it was “deeply worrying” that public money had been spent on the services of prostitutes, lapdancing clubs and to pay for holidays.
He said: “Many taxpayers will be appalled and offended that money intended for social care has been used in this way. What's more, it’s deeply worrying that this scheme has been so vulnerable to these abuses. It’s essential that where public funds are involved, there are the sort of checks and balances in place that prevent money being wasted in this way”.
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At 48 IQ hes more than three standard deviations below the mean….. essentially hes 2 years old. Keeping people at those levels away from sexual activity is well known and practiced for hetero males and females but in gay situations?? I dont think there would be a legal standing, since he cannot get pregnant and may not get anyone pregnant (in theory).
A 48 IQ who lives unsupervised is no small achievement…. so if his boyfriend is IQ-comparable they needn't worry, since they already live together, its water under the bridge.
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There are cases where heteros are forced to have some sort of birth control implanted, but none that prevent a person from having sex, until this one. At least that's what has been being said on the various news chat shows.
From what I gather, the boyfriend has a low IQ from standard, but not as bad as Alan.
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Raphjd - Seems the UK is very enlightened to pay for sex workers for the elderly & disabled. That is light years ahead of the USA although there seems the UK public has mixed feelings about it per the article. And the article seems to say prostitution is not illegal. Which makes me wonder why the councils would discriminate against Gays . Especially since in this case it appears consensual and there is no risk of pregnancy. What's the story with the lewd gestures on the bus and at the dental office?
Spin - I read everything three times and I don't see where the man is living independently (did I miss it ?) - by definition if the council is providing a house & care, he is not living independently. Which would indeed be amazing for a two year old level.
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Prostitution has gone through phases. Some times the hookers get arrested, other times the Johns get arrested and other times no one gets arrested.
Until this lawsuit, the council only paid for his housing and other welfare payments. I'm not sure how much "care" they provided.
I have no idea about the "lewd acts" bit.
Due to the nature of the case, it was done in secret, but what we do know is what the judge deemed to be open to the public.
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I just saw on the news that later today, a UK court will rule on whether a mentally disabled woman should be sterilized after she gives birth in a couple of weeks. There is no attempt to ban her from having sex.
hXXp://www.allheadlinenews.com/articles/7023158562?British%20court%20mulls%20forced%20surgical%20sterility%20for%20disabled%20woman
This is more proof that the UK is still very homophobic.
EDIT: The case has been adjourned until after she has the baby in May.
