Judge bans woman, 29, from having sex as she lacks the 'mental capacity' to consent

By Daily Mail Reporter

Last updated at 5:14 PM on 4th February 2012

A judge has banned an autistic woman with an IQ of 64 from having sexual intercourse on the grounds she does not fully understand she could say no to such actions.

Mr Justice Hedley said the 29-year-old lacks the mental capacity to consent to having sex, and made the order to protect her best interests.

He said she had to be protected from 'potentially exploitative and damaging' relations in the future, as she had already been involved in risky behaviour with people.

The case was heard the Court of Protection, which operates out of this anonymous looking building in north London

The order prevents the woman from having sex and also means anyone trying to have sex with her can be charged with sexual assault or rape.

Mr Justice Hedley said: 'It is strange, but nevertheless true, that even the freedom to make unwise decisions is one that the court is required to guard and only to restrict if and when the best interests of (the woman) so require.'

The case was seen at the controversial Court of Protection, which was set up in 2007 to decide on medical treatments for individuals judged by psychiatrists to lack mental capacity.