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Inclusive research: making a difference to policy and legislation
- Authors:
- JOHNSON Kelley, MINOGUE Gerard, HOPKLINS Rob
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 27(1), 2013, pp.76-84.
- Publisher:
- Wiley
While inclusive research has become an important stream in research with people with intellectual disabilities, there is a tension between the possibly empowering research process and the strength of the research itself to make social change happen. This paper explores the contribution of two inclusive qualitative research studies in Australia and the Republic of Ireland to change in policy and legislation. Both studies used qualitative methods including life stories and focus groups to explore the issue of sexuality and relationships. In both studies, people with intellectual disabilities were actively involved in undertaking the research. Both studies revealed that it was difficult for people with intellectual disabilities to express their sexuality openly or to form adult relationships. Both studies were used by people with intellectual disabilities and their supporters to promote change in which they had a heard voice. (Publisher abstract)
Consent and sex in vulnerable adults: a review of case law
- Authors:
- CURTICE Martin, MAYO Jonathan, CROCOMBE Juli
- Journal article citation:
- British Journal of Learning Disabilities, 41(4), 2013, pp.280-287.
- Publisher:
- Wiley
The introduction of the Mental Capacity Act 2005 has brought to the fore issues regarding capacity in various clinical settings. One important area where capacity assessment is often vital is regarding vulnerable people being able to consent to sexual relations. Case law from courts has evolved with regard to this sometimes complex and emotive issue both before and after the implementation of the Mental Capacity Act 2005. This article describes and analyses the evolution of such case law which predominantly involves people with learning disabilities. In doing so, it explains key principles and tests both for consenting to sexual relations and for the use of contraception which can be applied and used in clinical practice. The article also discusses the associated human rights issues for vulnerable adults in trying to balance the right to sexual relations as part of an individual's private life whilst managing potential abuse issues. (Publisher abstract)
Sexual relationships in adults with intellectual disabilities: understanding the law
- Authors:
- O'CALLAGHAN A.C., MURPHY G.H.
- Journal article citation:
- Journal of Intellectual Disability Research, 51(3), March 2007, pp.197-206.
- Publisher:
- Wiley
Adults with intellectual disabilities (IDs) are known to be very vulnerable to sexual abuse. This may result partly from their lack of sexual knowledge and their powerless position in society. It could also be exacerbated by an ignorance of the law. This study investigates their understanding of the law relating to sexuality. Understanding of the law regarding sexual relationships, consent and abuse was assessed in 60 adults with IDs (mean age 37.6 years) and 60 young people aged 16–18 years (deemed in law capable of consenting to a sexual relationship). Questions were wide ranging, including general laws around sexuality and abuse, as well as the law relating to sexual relationships and ID. There were significant differences between the two groups: adults with IDs had a very limited understanding of the general laws relating to sexuality (e.g. age of consent, incest, abuse), as well as the law relating to sexuality and IDs (e.g. whether they could have sexual relationships, whether they were allowed to marry, what protection they should expect from the law). Young people without disabilities showed a better understanding, both for general laws and for those relating specifically to adults with IDs. These findings show that there is a need to educate people with IDs about the laws relating to sexuality. It is important for people to understand the law and, given the high rates of sexual abuse perpetrated against people with ID, it is essential for them to benefit from the protection the law affords. The new law in England (Sexual Offences Act 2003) post-dated this study.