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Going too far with rulings?


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#1
OFFLINE   MissTengu

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While having a usual chat with a odd friend of mine, he showed me this:

http://www.dailymail...having-sex.html

Basically a 41 year old man who has been diagnosed by professionals as suffering from "Moderate mental retardation" has been given a court order to never have sex.

This of course has caused controversy and uproar in the comments on there. (And probably in other places this has been seen.)

So I figured I'd put this up here and see what you guys think. Then give my thoughts after.

#2
OFFLINE   YaoiNekoFangirl

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While I personally don't think that it is right to ban someone from ever having sex, I can kinda see why they did. I mean, with an IQ of 48, he most likely can't give the proper consent. the article also says that the man himself said that he didn't have the mental capacity to know about the risks.

Quote

he agreed that he did not have the mental capacity to know about the health risks and should be banned from having sex.

yes sex is a basic human need but it also comes with a lot of risks and dangers that someone like him wouldn't be able to understand. even if he did, do you really think someone would stay in a relationship with someone classed as a 'retard'? this society is to shallow and nasty for that. He would have numerous parters and could catch something like AIDs and not even know it or what it even. he would then be putting other people at risk of becoming infected.

--edit--

also, just realised. it also protects him from being used and abused by other people who would take advantage of him. so it's for his safety as much as it is for others. I am not saying that this is right, I am just looking at both sides of the argument. the only one for against is that it's not right to mess with peoples private lives and to dig into their sexual lives.

Edited by YaoiNekoFangirl, 06 February 2011 - 18:40 hrs.


#3
OFFLINE   ♥ Pikachu ♥

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I wish they'd ban certain people in the US from having sex... More specifically in Texas... :biggrin:


A child probably has an higher IQ than 48... You wouldn't have sex with a child, would you? If yes, you're trolling, pack it in.

I pesonally don't say anything wrong with their ruling. But at the same time, as a troll, I have to say I hope those two men have sex more now, that it's wrong for them to do so, I tend to find it makes for kinky sex when you're not allowed to do it. xP

#4
OFFLINE   SMFoxy

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Quote

he agreed that he did not have the mental capacity to know about the health risks and should be banned from having sex.
Wait. He doesn't have the mental capacity to know about the health risks?
It seems to me like he's being manipulated by people taking advantage of his low mental capacity.

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#5
OFFLINE   YaoiNekoFangirl

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Children have a higher IQ, are you saying that they know all the risks about sex? Or saying that they are being manipulated for their lower IQ and/or knowledge of the world? Really mate you wouldn't say that unless you've had a 'retarded' friend. I have, and they have no more wit then a 2 year old. Are you saying that 2 year old should all know the risks about sex?

#6
OFFLINE   MissTengu

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Calm down please. He was just expressing an opinion. I am sure all he meant was that people suffering mental retardation are like children, in the fact they don't have the mental capacity to understand sex. Yet are manipulated into doing such an act despite lack of knowledge and/or understanding. In which I would have to agree. People of his level simply will never understand because they cannot. Plus such cases happen so often it's so sad.

I have met people who suffer from MR and they are very much like children. It's sad that such low people will take advantage of that innocence. Yet people are despicable and will do it, given the time and opportunity.


He also posed the point that having sex with someone with MR is almost the same as if you would be fucking a child. Which when you think about it he is correct. Like a child they wouldn't understand what they are doing or the risks. Just that they are being made to do something they don't understand.

So as blunt as his words and mannerisms are I would have to agree.

I think the courts were right in this case. They are being cruel to be kind. And that is what a lot of people aren't taking into account. They aren't doing this to be horrible twats. They are doing it for his own protection.

#7
OFFLINE   KLKitty

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Just asking, but doesn't he have guardians?
If so, can't the guardians teach him about sex and other things?
o.o


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#8
OFFLINE   SMFoxy

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View PostFemaleTengu, on 06 February 2011 - 23:36 hrs, said:

I think the courts were right in this case. They are being cruel to be kind. And that is what a lot of people aren't taking into account. They aren't doing this to be horrible twats. They are doing it for his own protection.
That's pretty much what I meant, yeah.
I'm not feeling very eloquent today. xP
Thanks for clearing it up.

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#9
OFFLINE   MissTengu

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View Post-Kitten:Chi-, on 06 February 2011 - 23:49 hrs, said:

Just asking, but doesn't he have guardians?
If so, can't the guardians teach him about sex and other things?
o.o

I think he might have carers. The man in question is 41. And as the article stated he would be confused if any attempt was made to teach him about it now.

He just doesn't have the mental capacity to fully understand. Just like a child.

View Post-Kitsune:Sama-, on 07 February 2011 - 00:09 hrs, said:

That's pretty much what I meant, yeah.
I'm not feeling very eloquent today. xP
Thanks for clearing it up.

I know that feeling. x.x You are most welcome. ^^

#10
OFFLINE   KLKitty

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@FemaleTengu:

Ahhh~!
Okei, I get it now.
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#11
OFFLINE   Sabre Of Light

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my mum is a careworker, at the moment she works with a man whos iq is around 50-60. he wouldnt know what sex was if he saw it and definately wouldnt be aware of the risks involved, and so I would say the courts had his best interests at heart when they made the ruling.
That said, I do see it as being unnecessary to have to make a ruling. They could have just advised his carers to stop him having sex. I'm also wondering...who is to fault if he does have sex?(in the eyes of the law)

#12
OFFLINE   Daleen

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I'm of the opinion that the man doesnt seem to be capable of udbnerstanding the risks, which ahs been said by just about everyone here, but what if they were also concerned about possible genetics? Carrying on his line with risks for mental retardation to such an extreme. Now I'm nto saying ban anyone with said IQ leel or below from sex, but, it might have been a train of thought for those who ruled such a way. Of course that was before I read the story and found the lover to be a male, so yes, manipulation and a 'We know whats best for you attitude' seems to have taken over./

Edited by Daleen, 28 May 2011 - 02:36 hrs.

No means Yes ((No)) Means No.

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#13
OFFLINE   Zero

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Damn, this is difficult to argue either way.

On one hand, there's the whole personal rights issue, but on the other hand there's protection.

I can't make a stance on thid to be perfectly honest.




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