Nothing in the Mental Capacity Act 2005 permits a decision consenting to sexual relations to be made on behalf of a person1. However the Court of Protection has the power to make declarations as to whether or not a person has the required capacity2.
In order to possess capacity to consent to sexual relations, a person must have a basic understanding of the mechanics of the physical act and an understanding that vaginal intercourse might lead to pregnancy; capacity also requires some grasp of issues of sexual health3.
The question of
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