JC v Cornwall Council & Ors [2024] EWCOP 75 (T2)

Decision concerning JC's capacity to have sexual relations.

JC is a 58 year old with mild learning disability, a disorder of intellectual development, cerebral palsy and autistic traits, though with no formal diagnosis. JC expresses a desire to engage in sexual activity, though has been known to be capable of sexually predatory behaviours in the past. It was agreed JC lacks capacity to conduct litigation and to decide on residence though the OS was opposed to any restrictions on sexual relations.   

The respondents say that the presumption of capacity is rebutted as JC does not really understand the need for the giving of consent before and throughout sexual activity or be able to use and weigh the information. HHJ Cronin, after reviewing the evidence, agrees while rejecting the submissions of the OS suggesting a criminal law analogy as this would risk importing learning from a different jurisdiction. 

Read the judgment on Bailii