Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments.

This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.

About the Authors

Alex Ruck Keene is a barrister at 39 Essex Chambers specialising in mental capacity, and a Visiting Professor at the Dickson Poon School of Law at King’s College London. He is a consultant on the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

Beverley Clough is Professor of Law and Social Justice at Manchester Metropolitan University.

Laura Pritchard-Jones is a Senior Lecturer in Law at Keele University.

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