Journal
LIVERPOOL LAW REVIEW
Volume 31, Issue 2, Pages 137-154Publisher
SPRINGER
DOI: 10.1007/s10991-010-9077-6
Keywords
Sexual expression and human rights; Sexuality; Dementia; Care homes; Senior Citizens' homes; Capacity and sexual conduct
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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.
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