Man who does not understand consent must be allowed to pursue sex: U.K. judge

, a superior court created under the 2005 Mental Health Act with jurisdiction over the welfare of people who lack mental capacity to make decisions for themselves, has ruled that a man who cannot understand consent must be allowed to pursue sexual relationships as it is a “fundamental” human right.

Roberts said, that while not having knowledge of consent could potentially expose JB “to the risk of criminal prosecution,” he was “entitled to make the same mistakes which all human beings can, and do, make in the course of a lifetime.” Roberts acknowledged that the restrictions on JB were to stop him from “behaving in a sexually inappropriate manner towards women,” and that JB “lacks the insight or ability” to communicate in an appropriate manner towards women that he finds attractive.

The lawyer arguing on behalf of the local authority in charge of JB’s welfare, Vikram Sachdeva, accused the court of “derogation of responsibility” if they permitted JB to be released from the restrictions imposed on him.

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