A British judge agreed with psychiatrists that Alan, a 41-year-old man who lives in an assisted living facility, is simply too mentally incompetent to be trusted with sex. Though Alan has a “vigorous sex drive,” he also has an IQ of 48, a “moderate” learning disability, and is “seriously challenged in all aspects of his mental functionality,” according to court records. “I therefore make a declaration that at the present time Alan does not have the capacity to consent to and engage in sexual relations,” ruled a judge. “In such circumstances it is agreed that the present régime for Alan’s supervision and for the prevention of future sexual activity is in his best interests.”
Britain’s Mental Capacity Act 2005 allows judges to force people of diminished mental capacity to have life-saving decisions, like surgery or abortions. Here, it’s being used to keep Alan from having sex with his boyfriend Kieron, who also lives in the home.
But the judge hasn’t given up all hope: While a psychiatrist thinks even sex ed would be too much for a man who “believed that babies were delivered by a stork or found under a bush,” the judge ordered Alan to receive such instruction “in the hope that he thereby gains that capacity.”
For now, Alan will do as priests: self-service.