Search results for ‘Subject term:"learning disabilities"’ Sort:
Results 1 - 10 of 11
Understanding sex: the right to legal capacity to consent to sex
- Author:
- ARSTEIN-KERSLAKE Anna
- Journal article citation:
- Disability and Society, 30(10), 2015, pp.1459-1473.
- Publisher:
- Taylor and Francis
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant. (Publisher abstract)
Sexual offences - no decision is a decision
- Author:
- THOMPSON David
- Journal article citation:
- Community Living, 20(2), November 2006, pp.12-14.
- Publisher:
- Hexagon Publishing
It is ethically indefensible to ignore suspected sexual offences committed by men with learning difficulties. Past research had found that learning disability services often failed to make decisions precisely because they were so difficult. This article looks at the issues and considers whether research and legal developments, particularly the Sexual Offences Act 2003 and the Mental Capacity Act 2005, provide a more robust and defendable basis for the decision required. The author concludes that the current framework had made decision making easier.
Protecting or patronising?
- Author:
- SNELL Janet
- Journal article citation:
- Community Care, 17.4.03, 2003, pp.32-33.
- Publisher:
- Reed Business Information
The Sexual Offences Bill, now going though parliament, will outlaw sex for people who have learning difficulties if they lack the capacity to consent. Talks to two different people with differing views on the proposed legislation.
The great taboo: sexual abuse of older people; edited papers from a conference organised by Action on Elder Abuse on 21 October 1999, London
- Editor:
- MANTHORPE Jill
- Publisher:
- Action On Elder Abuse
- Publication year:
- 2000
- Pagination:
- 44p.
- Place of publication:
- London
Proceedings of a conference organised by Action on Elder Abuse, October 1999, London. Papers cover topics such as: what practitioners need to know about the normal sexuality of older people; lessons to be learned from the abuse of adults with learning disabilities; definition of sexual abuse and its particular implications for older people; current law and options for reform; and the particular support needs of older victims.
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.
Vulnerability of witnesses with learning disabilities: preparing to give evidence against a perpetrator of sexual abuse
- Author:
- GREEN Gill
- Journal article citation:
- British Journal of Learning Disabilities, 29(3), September 2001, pp.103-109.
- Publisher:
- Wiley
Testifying in court to sexual abuse is always stressful and can be particularly problematic for a witness with learning disabilities (LDs). The present case report illustrates the assessment of capacity in relation to issues such as consent, competence and ability to withstand court procedures of a witness with LDs who alleged abuse by her paid carers. It describes the support offered to her by a number of agencies, including the police, and the health and social services. Finally, new legislation is described that might enable vulnerable witnesses, including some people with LDs, to give their best evidence in criminal proceedings.
Law changes needed
- Author:
- WELLARD Sarah
- Journal article citation:
- Community Care, 20.9.01, 2001, p.12.
- Publisher:
- Reed Business Information
Reports on a call for a change in the law to protect people with learning difficulties from sexual abuse.
In safe hands: protection of vulnerable adults in Wales
- Author:
- WALES. Social Services Inspectorate
- Publisher:
- Wales. The National Assembly for Wales. Social Services Inspectorate for Wales
- Publication year:
- 2000
- Pagination:
- 101p.
Provides guidance as to how adult protection arrangements are proposed to be implemented in Wales. Sets out government policy and the framework for a comprehensive strategy in Wales Lays down standards for interagency working and an effective service culture. Describes appropriate procedures for handling cases, information sharing, monitoring and prevention. Explains the legal context of adult abuse. Includes appendices given sample written policies on abuse and possible indicators of abuse.
Women with learning disabilities-experiencing their sexuality in a healthy way
- Author:
- McCARTHY Michelle
- Journal article citation:
- Tizard Learning Disability Review, 6(1), January 2001, pp.16-21.
- Publisher:
- Emerald
Outlines some of the factors which are important in helping or hindering women with learning disabilities to experience their sexuality in a positive and healthy way. Based on direct experience, the article presents the factors which must be present for women with learning disabilities to enjoy their sexuality: making choices, giving consent, receiving information, experiencing mutuality, experiencing pleasure, having self-esteem and having resource to the law if abused. Emphasises how important it is that women with learning disabilities and their supporters understand these factors.
Lack of conviction
- Author:
- SONE Kendra
- Journal article citation:
- Community Care, 8.6.95, 1995, pp.22-23.
- Publisher:
- Reed Business Information
Vulnerable rape victims, and women with learning difficulties and mental health problems who are raped are being refused justice because the Crown Prosecution Service continues to let their attackers go free.