Archive for January, 2014

In a guideline case which begged the question of when it is appropriate for society to intervene paternalistically in an individual’s choice whether or not to enter into sexual relations, the Court of Appeal has ruled that a woman who suffered severe brain damage during surgery nevertheless has the mental capacity to consent to intimate contact with her boyfriend. Medical experts and care professionals had expressed deep concerns that the woman might come under pressure to agree to sex. She had endured bouts of amnesia and acute confusion and it was said that she was incapable of weighing up information concerning the risks of pregnancy or sexually transmitted disease. The woman had, prior to the operation, led a chaotic lifestyle and had an extensive history of drug and alcohol abuse. Her boyfriend also had a troubled background and had a significant ... Read more