Sex, dementia, capacity and care homes

Bartlett, Peter (2010) Sex, dementia, capacity and care homes. Liverpool Law Review, 31 (2). pp. 137-154. ISSN 0144-932X

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Abstract

This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.

Item Type: Article
Uncontrolled Keywords: Sexual expression and human rights Sexuality Dementia Care homes Senior Citizens’ homes Capacity and sexual conduct
Schools/Departments: University of Nottingham UK Campus > Faculty of Social Sciences > School of Law
Depositing User: Bartlett, Peter
Date Deposited: 18 Feb 2011 15:51
Last Modified: 18 Feb 2011 15:51
URI: http://eprints.nottingham.ac.uk/id/eprint/1440

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