What minimum IQ is needed for sexual consent? UK judge says 50

[Daniqq]

"In a case which is fascinating both legally and morally, a judge in the Court of Protection has ruled that a 41-year-old man with a mild learning disability did not have the mental capacity to consent to sex and should be prevented by a local council from doing so."

He is in a homosexual relationship with another man, which now would be illegal for him to pursue further.

Articel:


http://ukhumanrightsblog.com/2011/02/03/should-people-with-low-iqs-be-banned-from-sex/

 

[Tani Coyote]

Well, intelligence probably would be a better measure of consent than something abstract like age. Age is just easier than forcing everyone to take a test though.

---

That said, it seems 50 is too high as a barrier; this person's been in a relationship quite long it seems. It even says "mild" on the disability.

I think this needs to be evaluated. If he can function just fine, I see no reason why he shouldn't be capable of consent.

Learning disabilities don't impact one's capability of consent I'd imagine; learning is very different from loving.

 

[Virote_Considon]

I would say that this is a resounding triumph for Social Darwinism and would hope the trend continues, but as it turns out, the man was already in a degenerate relationship and thus Social Darwinism was already in action.

Score 1 for society, either way.

 

[holy king]

well, as long as we say 12 year olds can not consent to sex, i have to say an iq of 50 is way too low to be consistent with that.

 

[Abaddon]

Is 100 "average"

How "stupid" is 50? Can you spell your own name, talk? I have no idea!?!

 

[Virote_Considon]

IQ50 is 50% stupider than the average human.

EDIT: Wait, that's wrong, I think. They are only half as intelligent. That's right.

 

[Arwon]

Safety and welfare are different things!

Why not seek to enable him to have sex safely instead of preventing him from doing so? Why is it when given a choice, people like this always opt for the option that reduces happiness and decreases choice?

 

[Daniqq]

Is 100 "average"

How "stupid" is 50? Can you spell your own name, talk? I have no idea!?!

Well the guy knows his own name and can talk.
From the articel it says he can understand information if you teach him with simple words and/or simple signs/pictures.
The expert observing him, also said the guy understands how sex with another man works, but cant identify female sexual organs (prolly cose noone taught him those and it seems he only had sex with men), which is part of the reason for the ruling (he doenst understand how pregnancy works and that sex can lead to it, + he doesnt know about stds).
The expert isnt sure wether the guy could understand a proper sex education
He also mentions the guy has trouble remembering things.

 

[Mongoloid Cow]

I didn't even think that IQ was considered a reliable measure of intelligence anymore, anyway.

 

[azzaman333]

Well the guy knows his own name and can talk.
From the articel it says he can understand information if you teach him with simple words and/or simple signs/pictures.
The expert observing him, also said the guy understands how sex with another man works, but cant identify female sexual organs (prolly cose noone taught him those and it seems he only had sex with men), which is part of the reason for the ruling (he doenst understand how pregnancy works and that sex can lead to it, + he doesnt know about stds).
The expert isnt sure wether the guy could understand a proper sex education
He also mentions the guy has trouble remembering things.

That seems like a bit more than a "mild" learning disability.

 

[BuckyRea]

I didn't even think that IQ was considered a reliable measure of intelligence anymore, anyway.

Thank you. IQ tests mostly measure one's ability at taking tests. That said, anyone who can't pull off a 50, even given the mile-wide margins of error on most IQ tests (reliability-wise, not validity wise) really has no business swiving.

 

[Dragonlord]

No one seems to have noticed: unlike age of consent, such a ruling means that this guy can NEVER have sex! A teenager gets older, but he won't get more intelligent.

What arrogance to blithely deny someone of sex for his whole existence - this is not "protecting" someone, it is denying him one of life's great pleasures.

By all means teach him about sex and contraceptives and, most importantly, that he can choose to say 'no' - but just saying he is too 'stupid' to be allowed to have sex is way over the top.

 

[Perfection]

mild learning disability my butt!

 

[classical_hero]

If that is the case that you have to have an IQ of over 50, then much of OT is going to be still virgins for a long time.

 

[Dragonlord]

If that is the case that you have to have an IQ of over 50, then much of OT is going to be still virgins for a long time.

Now, why didn't I think of that...

 

[Perfection]

Now, why didn't I think of that...

You lack an IQ over 50?

 

[Dragonlord]

You lack an IQ over 50?

Got me there!

 

[Leoreth]

I would say that this is a resounding triumph for Social Darwinism and would hope the trend continues, but as it turns out, the man was already in a degenerate relationship and thus Social Darwinism was already in action.

Score 1 for society, either way.

You'd better mark that as satire, you know?

A question I'd like to have answered before I can say something on that verdict is what the exact motivation was. Was it

a) the fear that he spreads STDs because he lacks the proper understanding of protection
b) the fear that he ends up in an abusive relationship
c) both of the above

The article seems to imply c, though I'd like to know what the judge's actual reasoning was.

 

[downtown]

I don't see whats so unreasonable about this. Consent requires understanding, and IQ of 50 seems pretty close to mentally ******** territory....

 

[JohnRM]

I would err on the side of caution and NOT make another law.