...The man known as Alan was described as “sociable” and “presented as an able man” but who was “seriously challenged in all aspects of his mental functionality." He lived in a home provided by the council, where he developed a sexual relationship with a man called Kieron by the court. Alan was also accused of making lewd gestures at children in a dentists’ surgery and on a bus, although no police action was taken. In June 2009 the town hall began court proceedings to restrict his contact with Kieron on the grounds that he lacked mental capacity, and an interim order was made to that effect. “Since then Alan has been subjected to close supervision to prevent any further sexual activity on his part,” except when he is alone in his bedroom. However he told representatives of the Official Solicitor, who acts in the Court of Protection, to tell the judge “I want to kiss them again”. Mr Justice Mostyn highlighted the fact that the court cannot prevent people from merely making “unwise” decisions, and that a simple test can be carried out to see if a person is capable of consenting to sex based on the act itself rather than the proposed partner. The judge said it requires an understanding and awareness of the “mechanics of the act”, “that there are health risks involved” and that sex between a man and a woman may lead to pregnancy. He said that the psychiatrist thought Alan “believed that babies were delivered by a stork or found under a bush”, and that “sex could give you spots or measles”. On that basis the judge ruled that Alan did not have the capacity to consent to sex, but also ordered that the council should provide him with sex education “in the hope that he thereby gains that capacity”.Furthermore, the psychiatrist tried to prevent Alan from receiving sex education, on the grounds that it would leave him “confused." Under the judge’s order, Alan is now subject to “close supervision” by the local authority in order to ensure he doesn't disobey the judge's order.
Sidebar: An IQ (intelligence quotient) between 90 and 109 indicates "normal or average intelligence" and a person with an IQ of 140 or above is considered a genius. Five-percent of people have an IQ under 70 and this is generally considered as the benchmark for "mental retardation".