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Mental disability and capacity to consent to sex: A Local Authority v H [2012] EWHC 49 (COP)

Abstract:
In A Local Authority v H [2012] EWHC 49 (COP) Hedley J considered an application to declare that a young woman lacked capacity to engage in sexual relations. He set out what an individual had to understand in order to be able to consent to sex and determined that in this case she lacked the capacity to do so. This note criticises the approach taken by the courts in such cases arguing that the question the courts are asked is the wrong one. © 2012 Copyright Taylor and Francis Group, LLC.

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Authors


Herring, J More by this author
Journal:
Journal of Social Welfare and Family Law
Volume:
34
Issue:
4
Pages:
471-478
Publication date:
2012-12-05
DOI:
EISSN:
1469-9621
ISSN:
0964-9069
URN:
uuid:1b2811e1-0e1b-4260-b931-33d8bdf0b2d3
Source identifiers:
479165
Local pid:
pubs:479165

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