In a courtroom turn of events -- that raises questions about civil rights and liberties -- a man with a low IQ has been banned from having sex by a British judge’s order.
The 41-year-old, with an IQ of 48 and at least a moderate learning disability, had been living with a man with whom he had a sexual relationship. But local council has dubbed the man as having a "vigorous sex drive" which it claims to be inappropriate – stating the man didn't understand what he was doing.
Apparently those outside of the relationship hold more intelligence than people in the relationship.
The controversial case has reached High Court Justice Nicholas Mostyn, Britain's judge whom has issued agreement with the local council and additionally issued statement that “Alan” did not have the mental capacity to understand the health risks associated with his sexual relationship, and should not be having sex with anyone.
While the High Court judge's order places "Alan" under the local authority that provides the man's housing, Mostyn also calls the case "legally, intellectually and morally" complex. The ban from sex or a sexual relationship puts England front-and-center, in a case that could be viewed as violations of civil rights and liberties. The High Court judge has issued the warning that the British court system should "tread especially carefully" when the state tries to ban or curtail a basic human function like sex.
The case has been underway for more than a year and one-half, when the local council started court proceedings in June of 2009, in efforts to successfully restrict "Alan's" contact with the man’s lover. The council’s move has blocked "Alan" from sexual activity since then, with sole exception of when he's alone.
The British ‘Court of Protection’ is legally allowed to make decisions for people whom are deemed to lack sufficient intelligence in order to make decisions themselves. Under British law, those people falling into that category can even be ordered to undergo surgery, experience abortions or be forced to use contraception. The ‘Court of Protection’ even allows for the legal system to switch off life support for those individuals.
The man banned from sex has been described as "sociable" while “seriously challenged in all aspects of his mental functionality.” The man has been accused of making lewd gestures at children, with no actions or legal charges made by police.
Sounds like a bright idea: take away the guy's partner, in an exclusive sexual relationship, so that he can move onto children.