Is it against the law to show intimacy?
darrensmith114
Community member Posts: 1 Listener
I have been told recently that after a year of being together with my new partner that it is against the law for us show intamacy is this this true due to her learning difficulties
Comments
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Welcome to the community darrensmith114 It's great to meet you!
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Welcome to our community. Could you give us a bit more information about the situation? I'm going to tag in @Gill_Scope who I'm sure would like to talk to you.Scope
Specialist Information Officer and Cerebral Palsy Programme Lead'Concerned about another member's safety or wellbeing? Flag your concerns with us.'
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Hi @darrensmith114
I'm glad you got in touch.
The direct answer to your question if that no, it isn't illegal to show intimacy, but it's also important to behave appropriately in public.
Mencap have some good information and ideas on their website - you might like to look there.
https://www.mencap.org.uk/about-us/what-we-think/relationships-and-sex-what-we-think
They also have a helpline if you'd like to discuss your concerns with someone on the phone.
Gill_Scope
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No it’s not illegal, public display of affection is not enforced by law. As long as it’s bound to kissing and holding hands only in public places. You should be okay
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What ever next, when I was ministering at church and wait at the door for certain lay minsters to arrive some couples would walk up holding hand and knowing them I would say,” next you will be kissing and you’ll have to get married” all in good fun and no offence taken, lovely to see couples same sex or other show affectionate behaviour towards each other and not ashamed to do so.
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@darrensmith114 it is not illegal persay but as your partner has a learning difficulty under the Mental Capacity Act 2005 they can be deemed as unable to give informed consent to have an intimate relationship with you in which case you would be guilty of sexual assault there is info here - https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/ - and it may be worth asking for a relationship counsellor to assess your both to ascertain if your partner is capable of giving informed consent to the the intimate private aspects of a relationship.
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there is a case in the family court about this very issue at the minute, the couple have been married for over 20 years but due to a worsening of the wife's mental health the social workers are no longer sure she has the capacity to give informed consent and have asked the court to rule if the husband and wife can continue to legally have a sexual relationship or not - https://www.independent.co.uk/news/uk/home-news/sex-man-wife-judge-court-protection-learning-difficulties-a8849211.html
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