A long-awaited judgment

Love is not a human right and neither is sex. (Remember when Amnesty International decided it is? I do. How can you make sex a human right without implying a requirement? Who are the people who would be most subject to that requirement?)

This morning the Court of Appeal handed down a long-awaited judgment in the case of Re C, a legal case fraught with tension due to the sensitive and complex nature of what lay at its heart.

In short, C, a learning-disabled man, wished to seek out the “services” of a prostituted woman to pay her for sexual access, but he lacked the mental capacity to make such arrangements for himself.

One of several legal issues at hand was the fact that, if such a care worker was permitted to make such arrangements, they may be committing an offence under s.39 of the Sexual Offences Act 2003, which prohibits care workers from “causing or inciting sexual activity”.

To cut a long legal story short, the Court of Appeal overturned the original ruling of the Court of Protectionand stated that in this instance C’s care workers were categorically not permitted to facilitate the purchasing of sexual access on behalf of their learning-disabled client.

Access to a vagina is not a human right. It can’t be. If it is treated as a human right, women become tools for other people.

16 Responses to “A long-awaited judgment”

Leave a Comment

Subscribe without commenting