Well here is a situation that you do not hear about often: A UK man could be literally banned by a court of law from having sex with his wife of 20 years! Yikes.
According to Fox News, Judge Sir Anthony Hayden was brought this case because the wife “allegedly does not have the mental capacity to consent” to sex anymore.
We do not know the age or health of either individual in the case because their identities are not being disclosed right now, due to the lawsuit.
Here’s what we know:
Officials told the Court of Protection in London – which specializes in cases involving people who lack the mental capacity to make decisions – the unidentified woman’s mental health has deteriorated to the point that she no longer has the ability to consent.
According to Sky News, the attorneys representing social services bosses are requesting the judge consider barring the woman’s husband from continuing to have sex with his wife to ensure she is not raped.
Hayden said he wants to listen to all the evidence and arguments from lawyers representing the women, the husband and social services before making a decision.
The husband allegedly pledged not to engage in sexual activities with his wife during a preliminary hearing. However, there’s still a problem with that, according to Hayden. He insinuated that the husband could go to prison if he “breached the pledge.”
“I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife — and the right of the state to monitor that — I think he is entitled to have it properly argued,” Judge Hayden said.
I’m honestly just curious as to what they deem “unable to consent.” Nowadays, anyone elderly person can be considered “incompetent” in order to limit their rights. Not to mention, how on earth could an order like this actually be enforced? Will there be around the clock supervision in their home? Will they remove the woman from her home and her family?
Sounds like a mess to me. What do you think?