This is so offensive. If she can dress and feed herself she can consent to sex. My partner has paranoid schizophrenia, so he can't consent to sex? I'm raping him am I? She has a mental illness fgs, she isn't at the sectioning level so she is perfectly able to have and consent to sex. Having children is a different matter. But she is a human being with the same rights as anyone else around what she chooses to do with her body.
A child can dress and feed themselves. Doesn't mean they can consent to sex.
I did not say that ANYONE with mental illness can't consent to sex (otherwise 1 in 4 people in the UK would need to be celibate).
But if your partner has been deemed by a court to be incapable of making his own decisions then yes he shouldn't be having sex. Nobody should have been having sex with Britney when she was under the conservatorship.
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Also I’m sure the coil was more to do with the medication she was on and that it would be dangerous (for her and/or baby) if she fell pregnant while taking it. I agree that it’s totally wrong to say she’s not able to give consent.
But if they decided she was incapable of making her own decisions about getting pregnant because she lacked mental capacity then why give her a coil instead of just stopping her having sex? They are basically throwing their hands up in the air and saying "she has no capacity but we can't stop men having sex with her so let's just give her a coil forcibly". Remember coils aren't 100% effective, have bad side effects, don't prevent STDs and definitely don't prevent the emotional fall out from having sex when you are lacking capacity.
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I remember Perez Hilton (then at the height of his unpleasant powers) being absolutely savage about her appearance that night. He accused her of deliberately insulting her fans - "duck YOU, BRITNEY! duck YOU!" he screeched. I also remember thinking that something clearly wasn't right with her. It might have been post-natal depression, but something was obviously going on in her private life, and Perez was behaving as if she'd mortally offended him by being human.
I remember that. I think he had to make a grovelling apology.
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By the way, I don't think it would be physically possible to prevent her having sex, what I am saying though is that the court should not have been condoning it by letting Sam live with her.
There is a whole load of caselaw dating back decades about people with Down Syndrome and whether they can consent to sex and whether they should be given long-lasting contraception/sterilised "for their own good" ie so that they can enjoy a sex life if they are high-functioning enough but without the danger of having to go through childbirth/abortion.