Protection for Whom?

Abstract

The protection of individuals with learning difficulties or learning disabilities (hereafter learning disabilities) would appear to be at the heart of legal intervention where sexual and intimate relationships are concerned. The legal perception of the need to protect may be changing within civil law but this is not matched within the criminal law arena. In this article the differences between these areas is explored, together with discussion on whether a right exists to such a relationship for individuals with learning disabilities. This article was developed following work with, and for, SCOPE (a UK registered charity) that looked at enabling individuals with learning disabilities to express their sexuality. The authors would like to emphasize that this approach excludes consideration of issues such as `tolerated' sexual relationships and has as its focus what may be termed `wanted' sexual relationships.