The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.
In the original ruling, a judge found in favour of the man, identified only as JB, despite evidence that he represented a “moderate risk” of sexual offending, particularly against vulnerable women.
The local authority wanted the care plan to stay in place, but in her original ruling Mrs Justice Roberts said JB was “anxious to have a sexual partner and believes that the current restrictions represent an unfair and unwarranted interference in his basic rights to a private and family life”.
She acknowledged that not having that knowledge might result in JB committing rape or other sexual offences. But she said JB was “entitled to make the same mistakes which all human beings can, and do, make in the course of a lifetime.”