HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15

The court had to decide if the P had capacity to engage in sexual relations.

The P has a mildly severe learning disability, epilepsy, and Type 2 diabetes.  She also has long standing behavioural problems. At the time of the hearing she lived in a 24-hour supported residential placement but was due within days to move to supported living in a 1-bed flat with full-time support staff. The issue before the court was whether she had capacity to engage in sexual relations, having in the past been involved with a convicted sex offender.

The court agreed that it would not be possible, through a process of education, to enable the P to learn how to assess the capacity of her sexual partner to consent to sexual relations and that this concept was too abstract for her to learn.  Therefore the court concluded the P did not have capacity to consent to sexual relations.

Read the full text of the judgment on Bailii