This article deals with the issue of restrictions that are placed on people with a learning disability in legally giving consent to sex. The discussion explores whether legal capacity in relation to sex is being determined on an equal basis for people with a disability, and those without, in England, Ireland and Wales.

The key issues raised are:

People with a learning disability are not able to make decisions about sex in the same way as those without. Current legislation denies people with a learning disability the right to be decision makers. The incompatibility of much of the relevant national laws with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) article 12 (2006). The article proposes an alternative model of assessment which could achieve article 12 compliance whilst meeting the need to prevent sexual abuse.