A British High Court Judge has cited a controversial law usually invoked to force mentally incompetent patients to undergo life-saving surgeries to ban a man from having sex with his boyfriend.
The 41 year old man in question, referred to only as Alan, has an “inappropriately vigorous sex drive”, but a considerable learning disability and an IQ of only 48. The average adult IQ is closer to 100.
Justice Mostyn said: ‘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.
Alan, who lived in a house owned by the council, was in a sexual relationship with someone known as Kieron and contact between the two men has been restricted.
He was said to be physically able but ‘seriously challenged in all aspects of his mental functionality.’
Alan’s learning disability has apparently made sex education an impossible task, hence the outright ban. Hmm. On one hand, it troubles us that a gay man – any gay man – has been legally prevented from having sex with his boyfriends. On the other, as soon as words like “consent” begin being tossed around, it obviously changes the story. We’re really not quite sure what to make of this.
Do you think judges should be allowed to ban gay sex because of low IQ?
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