A 41 year-old man was banned this week from having sex by the High Court, raising issues of the legal and moral complexities of such a ruling.
The man, known only as Alan, has an IQ of 48 and, what Judge Mr Justice Mostyn described as, a "vigorous sex drive."
The court learned Alan had been in a relationship with another man called Kieron .
The judge, after hearing a full psychiatric report, decided Alan did not fully comprehend what he was doing.
Under the Mental Capacity Act 2005, courts have the legal authority to make best interest decisions for members of the public who are judged to be without the intelligence to make them for themselves.
Judge Mostyn said: "At the present time Alan does not have the capacity to consent to and engage in sexual relations.
"In such circumstances it is agreed that the present régime for Alan's supervision and for the prevention of future sexual activity is in his best interests."
The judge ruled that though Alan did not possess the capacity to consent to sex, he should be given sex education by local council authorities in the hope he can gain that capacity.
The court case came before the Court of Protection, where all proceedings take place behind closed doors. Yet this case surely opens up debate as to the legal and moral consequences of such a controversial judgement.
Should UK law really be able to ban the public from having sex?
Does a case like Alan's threaten our civil rights in the UK?
Is the Court of Protection in need of reform?
Join the debate in the Findlaw Community, where you'll find answers to most major topics within UK law.
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