A British court has banned a 41-year-old man with an IQ of 48 from having sex with his boyfriend after his local council decided he lacked the mental capacity to consent to intercourse.
The man had formed a relationship with another man after they were placed together in council-owned supported accommodation.
But when the council discovered the relationship, they sought an order restricting sexual contact between the two men and placed the 41-year-old under supervision.
In his testimony to the court, the 41-year-old expressed a wish to continue his sexual relationship with the man and that he wanted to kiss him again.
But while the court accepted that an IQ of 48 constituted only a “moderate” level of learning disability, it found the man did not understand the possible health risks of sex, and thus did not have the capacity to consent to sex.
However, the court ruled the man must be allowed to masturbate in private if he wishes to.