Man is banned from having sex by High Court judge because his IQ is too low
By Richard Hartley-parkinson
6th February 2011
A man with an IQ of 48 has been ordered to stop having sex by a High Court judge.
Known only as Alan, the 41-year-old was in a relationship with a man he lived with and said he wanted it to continue.
However, his local council said his 'vigorous sex drive' was inappropriate so started legal proceedings to restrict the relationship.
The authority said that his moderate learning disability and IQ of just 48 - the average is 100 - meant he did not understand what he was doing.
One psychiatrist said that he would be confused if sex education was given to him.
Mr Justice Mostyn said the case threw up issues 'legally, intellectually and morally' because sex is 'one of the most basic human functions' according to the Daily Telegraph.
He said that the court must 'tread especially carefully' when the state gets involved.
Despite his fears for interfering in a person's sex life, he agreed that he did not have the mental capacity to know about the health risks and should be banned from having sex.
His council will now monitor him closely to make sure he doesn't breach the order.
Justice Mostyn said: 'Alan does not have the capacity to consent to and engage in sexual relations.
'In such circumstances it is agreed that the present regime for Alan's supervision and for the prevention of future sexual activity is in his best interests.
Alan, who lived in a house owned by the council, was in a sexual relationship with someone known as Kieron and contact between the two men has been restricted.
He was said to be physically able but 'seriously challenged in all aspects of his mental functionality.'
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