Criminal Law, Sexuality and Men and Women with Learning Disabilities: Protection v. Empowerment

Abstract

Sexuality is complex, concerning concepts such as power relations, sensuality, personal integrity, capacity to consent, decision making, identity and self‐awareness, intimacy and relationships. Despite this complexity, it is an integral part of every human being, affected by race, socio‐economic status and intellectual ability. However, the expression of the sexuality of people with learning disabilities is denied and rarely facilitated. Often the importance of gender identity is ignored and this is reflected, for example, in how women with learning disabilities see their own bodies. Explanations include historical beliefs like eugenics, service principles such as normalisation, economics and an over‐riding concern to protect women and men with learning disabilities from abuse. Acknowledging that such factors play an important role in preventing the facilitation or expression of sexuality by men and women with learning disabilities, this paper focuses on the development of the criminal law, the role and potential of current sexual offences and the Home Office Report Setting the Boundaries.