Abstract
Legally, consensual sexual relationships between adults are a right in our society. However, sexual activity is often prohibited by-laws for psychiatric patients in Sri Lanka. Unless medically contraindicated, all people, whether competent or incompetent or, single or married, should have the right to engage in consensual sexual activities. A 32-year-old female who was on regular treatment and follow-up in the clinic for fifteen years for epilepsy and psychosis was admitted to a tertiary care hospital with a sudden loss of consciousness following severe vomiting. Her medical findings confirmed a 23 weeks intrauterine live foetus. She lived in a separate home for the last three years and had consensual sexual intercourse with her sound-mind long-term partner for one year. Medico-legal investigations excluded the physical forces or donations as contributory factors to request consent for sex, and the circumstantial evidence confirmed that the patient had consented sex. However, the psychiatrist’s opinion was that she had severe mental retardation and had no capacity to give consent for sex. According to the law, after the clinical forensic examination, the assailant was arrested and remanded. The sexual rights of the psychiatric patients in Sri Lanka are discriminatory and there is the legal vulnerability of partners who engaged in sex with psychiatric patients. Therefore, local and national policies should be created to provide sexual and reproductive health, education, counselling, and family planning among psychiatric patients. Similar to other countries, the laws of Sri Lanka should be amended with the help of medical professionals and other stakeholders.
Highlights
Sexual activity is often prohibited by laws for psychiatric patients in Sri Lanka.[1]
Case report A 32-year-old female who was on regular treatment and follow-up in the clinic for fifteen years for epilepsy and psychosis was admitted to a tertiary care hospital with a sudden loss of consciousness following severe vomiting
The sexual rights of the psychiatric patients in Sri Lanka are discriminatory and there is the legal vulnerability of partners who engaged in sex with psychiatric patients
Summary
The basic needs should be provided to satisfy hunger, thirst, and sex to animals and to every adult human being.[1,2] Legally, consensual sexual relationships between adults are a right in our society.[2,3] sexual activity is often prohibited by laws for psychiatric patients in Sri Lanka.[1]. Case report A 32-year-old female who was on regular treatment and follow-up in the clinic for fifteen years for epilepsy and psychosis was admitted to a tertiary care hospital with a sudden loss of consciousness following severe vomiting Her clinical findings and urine HCG revealed pregnancy and Ultrasound Scan confirmed a 23 weeks intrauterine live foetus. She lived in a separate home for the last three years and had consensual sexual intercourse with her sound-mind long-term partner for one year but did not remember the date and time of the first incident but she stated that she was hugged and fondled by him while in the kitchen. The assailant was released after one month and facing trial in the high court of Sri Lanka under the Rape law, section 363 of the penal code
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