Court bans man with low IQ from having sex

A man with a low IQ has been banned from having sex by a High Court judge who admitted the case raised questions about “civil liberties and personal autonomy”. The 41 year-old had been in a relationship with a man whom he lived with and told officials “it would make me feel happy” for it to continue. But his local council decided his “vigorous sex drive” was inappropriate and that with an IQ of 48 and a “moderate” learning disability, he did not understand what he was doing.

A psychiatrist involved in the case even tried to prevent the man being given sex education, on the grounds that it would leave him “confused”. Mr Justice Mostyn said the case was “legally, intellectually and morally” complex as sex is “one of the most basic human functions” and the court must “tread especially carefully” when the state tries to curtail it.



But he agreed that the man, known only as Alan, should not be allowed to have sex with anyone on the grounds that he did not have the mental capacity to understand the health risks associated with his actions. Under the judge’s order, the man is now subject to “close supervision” by the local authority that provides his accommodation, in order to ensure he does not break the highly unusual order.

The judge concluded: “I therefore make a declaration that at the present time Alan does not have the capacity to consent to and engage in sexual relations. 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.”