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Mental capacity law, sexual relationships, and intimacy / edited by Beverly Clough and Laura Pritchard-Jones ; with a foreword by Kirsty Keywood and Margaret Flynn.
- Format:
- Book
- Series:
- Law, society, policy series.
- Law, Society, Policy Series
- Language:
- English
- Subjects (All):
- Great Britain. Mental Capacity Act 2005.
- Great Britain.
- People with disabilities--Legal status, laws, etc--Great Britain.
- People with disabilities.
- Justice, Administration of--Great Britain--History.
- Justice, Administration of.
- Sexual consent--Great Britain.
- Sexual consent.
- Capacity and disability--Great Britain.
- Capacity and disability.
- Physical Description:
- 1 online resource (xvii, 202 pages) : digital, PDF file(s).
- Edition:
- First edition.
- Place of Publication:
- Bristol : Bristol University Press, 2024.
- Summary:
- This edited collection brings together a range of academics, practitioners and organisations to consider the implications of recent case law around consent in sexual relationships on the day-to-day lives of people with cognitive impairme]nts.
- Contents:
- Front Cover
- Half-title
- Mental Capacity Law, Sexual Relationships, and Intimacy
- Copyright information
- Dedication
- Table of Contents
- Series Editor's Preface
- Notes on Contributors
- Acknowledgements
- Foreword by Kirsty Keywood and Margaret Flynn
- Introduction
- Emerging issues in law and practice
- The relevant information
- Outline of structure and chapters
- References
- Part I Legal Developments
- 1 Historical Perspectives on Law, Sexual Intimacy and Capacity
- The criminal law on sex and capacity, 1845-85
- The statutory embargo on sexual relations with an idiot, imbecile or mental defective, 1885-2003
- Capacity and consent in the criminal courts, 1885-2003
- The civil law on sexual activity and capacity to consent before the Mental Capacity Act 2005
- Conclusion
- 2 Sexual Capacity: Are There Questions the Law Should Not Ask?
- JB: the case and its implications
- An irreconcilable clash?
- Another perspective: the position in Ireland
- Human rights to the rescue?
- Asking a different question?
- 3 Capacity to Consent to Sex in the Civil and Criminal Law: Blurring the Boundaries
- Consent, capacity and the law
- The meaning of consent
- Capacity to consent in the civil and criminal law
- Blurred lines between the criminal and civil law
- Substantive differences
- Theory/ justificatory differences
- Consequential differences
- Procedural differences
- Hybrid orders and responding to risky sexualbehaviour
- 4 Reflections from Practice: The Practicalities of Assessing Sexual Mental Capacity
- Part II The Law in Practice
- 5 Where Is the Love? Promoting a Rights-based, Person-centred and Relational Approach to Social Work Practice
- An awful lot of social work.
- Person- centred approaches: where is the love in disabled and older people's lives?
- The social model of disability and social work practice
- Sexual wellbeing in practice
- The vital role of relational practice in supporting intimacy
- 6 Promoting Human Rights around Intimacy for People Living with Dementia: A Psychiatric Perspective
- Sexual health in older adults
- Dementia and sexuality: sexual health in PLWD
- Sexuality and the care home setting
- What challenges does the law pose?
- The role of health and care professionals: an important linchpin
- Recommendations for heath and legal policy reform
- 7 "I just felt that I was somebody who was there to be abused": A Sociological Analysis of Structural Causes for Delayed Naming of Sexual Violence at the Intersection of Disability and Gender
- The process of naming sexual violence
- Disablist and sexist barriers to naming of sexual violence
- Disablism, sexism and 'the enemy within'
- Externalising blame
- Methodology
- Findings
- "No, it wasn't that bad, it was all okay": the enemy within
- "It's an accumulation of it all": structural inequalities
- "Actually, this isn't good. This isn't normal": transformative processes
- "He was really fricking charming": reflections on the perpetrators and the JB case
- Discussion
- 8 Reflections from Practice: The Legal Labyrinth of Sexual Capacity - Balancing Rights with Risks
- 'Equal basis with others'
- Supporting intimacy
- Protection from abuse
- Mental capacity as an on- off switch for support?
- The time continuum
- The law as a help or a hindrance?
- Decision specificity as a new battleground?.
- Persistence of protection and vulnerability
- Future research agendas
- Index.
- Notes:
- Title from publisher's bibliographic system (viewed on 10 Jan 2025).
- Includes bibliographical references and index.
- ISBN:
- 1-5292-3563-4
- 1-5292-3564-2
- OCLC:
- 1453322958
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