A High Court judge has forbidden a forty-one-year-old U.K. man from having sex because of his low IQ. "Alan" had been in a relationship with a man the court called "Kieron," and told officials it would make him feel happy to continue. But his local council decided that his "vigorous sex drive" was inappropriate, as if he were some rabbity Forrest Gump, and that with an IQ of forty-eight and a "moderate" learning disability, he didn't possess a true understanding of what he was doing.
Justice Mostyn said the case was "legally, intellectually, and morally" complex, considering that sex is a basic human function, and that the court, which in this case was the shadowy Court of Protection, whose proceedings are held behind closed doors, must tread carefully when the state tries to curtail it. The judge agreed that the man should not be allowed to engage in sexual intercourse on the grounds that he lacked the mental capacity to comprehend the health risks his actions posed. Under the Mental Capacity Act 2005, judges have the authority to make life or death decisions for people deemed not intelligent enough to decide for themselves.
Under the judge's order, the man will now be closely supervised by the local authority providing his accommodation. Reiterating a psychiatrist's judgment that Alan "believed babies were delivered by a stork or found under a bush," and that "sex could give you spots or measles," the judge ruled that Alan lacked the capacity for sexual consent, but also ordered that the council provide him with the rudiments of sex education, in the hope that he could acquire that capacity. I appreciate that people are trying to look out for the man's best interests, but it seems wrong that his carnal pleasure is banned like that.