Can an Aspie legally consent to sex?

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Joined: 23 Jan 2007
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12 Feb 2009, 2:13 pm

Hi folks,

With legislation worded something like the "Protection of Vulnerable..." coming in, it seems quite scary as an Aspie adult.

I hold down a responsible job, with help from NAS Prospects... I'm registered disabled...

But, as an Aspie - will I be legally allowed to consent to sex? If I were to consider getting involved with someone - or would it be the case that I would not be legally allowed to give consent?

I'm 38, by the way.

This seems like the definition used - http://www.torfaen.gov.uk/HealthAndSoci ... ition.aspx

THoughts?

JohnHopkins
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12 Feb 2009, 2:18 pm

Either way, someone has to press charges for the crime to come to court.

alcockell
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12 Feb 2009, 2:21 pm

For the record, I've always been the "brother-figure" - never had a relationship...

Tahitiii
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12 Feb 2009, 2:21 pm

Where is this? The only clue is the "gov.uk" in the address.

At a glance, I would say that their definition can be applied to everyone on the planet. Then it adds:

"A person's vulnerability will depend on their circumstances and environment, and each case must be considered individually. "

I want to believe that you have nothing to worry about.

psych
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12 Feb 2009, 2:31 pm

Maybe this is just the angle ive been lacking? ive never considered it from a statutory point of view before.

im going to walk into a solicitors office 1st thing 9am tomorrow, flap my hands a bit and proclaim 'I LEGALLY CONSENT TO SEX' & ill keep saying it, until i get some! :twisted:

sharlyn
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12 Feb 2009, 2:34 pm

Just having AS doesn't make you non-consenting. I work for the disabled and we have anyone that is undetermined to be interviewed by a psychologist to determine your understanding about sex, your responsibilities and consequences. From that they determine your capacity to consent. Just the fact that you knew enough to ask these questions tells me you're consenting. My bf is AS and he was married to an attorney and they have a child.

Last edited by sharlyn on 12 Feb 2009, 3:23 pm, edited 1 time in total.

Cyberman
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12 Feb 2009, 3:07 pm

Excellent, now I'll have an excuse for my life-long virginity other than being a "hopeless loser." :lol:

Woodpecker
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12 Feb 2009, 3:17 pm

I think that sharlyn is right, if you can understand what sex is, your responsibilities and consequences (the girl might have a baby) then I think that the person is able to give consent.

I know that to be not considered legally responsible for a criminal act (not guilty by reason of insanity) you have to be very insane. You could consider if the person is sane for the purposes of crminal law that they should be sane for the purposes of saying yes to sex.

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I am not a jigsaw, I am a free man !

Diagnosed under the DSM5 rules with autism spectrum disorder, under DSM4 psychologist said would have been AS (299.80) but I suspect that I am somewhere between 299.80 and 299.00 (Autism) under DSM4.

Cyberman
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12 Feb 2009, 3:23 pm

Woodpecker wrote:

I think that sharlyn is right, if you can understand what sex is, your responsibilities and consequences (the girl might have a baby) then I think that the person is able to give consent.

By that definition, there are many normal ADULTS who shouldn't be allowed to consent... :lol:

mechanima
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12 Feb 2009, 3:30 pm

alcockell wrote:

But, as an Aspie - will I be legally allowed to consent to sex?

Good Lord! I sincerely hope so! Otherwise...well, let's just say, I did a bad, BAD thing...more than once too...

:oops:

...and it gets worse...because these are all listed as "vulnerable people" too:

Misuses drugs and/or alcohol
Has social or emotional problems
Exhibits challenging behaviour

...and frankly, that looks like a summary of my exes...

mechanima
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12 Feb 2009, 3:35 pm

psych wrote:

...oh and...

Good Luck with that...

*howling laughing*

Postperson
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12 Feb 2009, 4:35 pm

interesting question.

pavel_filonov
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12 Feb 2009, 5:10 pm

alcockell wrote:

The link you've given doesn't seem to say anything about you being able to give your consent... it seems to be advice for people who think that a vulnerable person they know might be being abused. So, if people around you considered that a relationship you were in was abusive, they might want to report it through those channels. I guess people could use it as a rationale for being interfering but I don't think it changes your legal right to do anything.

mitharatowen
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