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Sex, Consent And Disability

Those who have disabilities are among the most discriminated against when it comes to sex. Why is that?

Anne Sexton, 21 Mar 2012

A few weeks back I took part in an event called ‘Celebrating Sexuality’ at the Mansion House in Dublin. Celebrating Sexuality, which was organised by Choice Ireland, was a chance to discuss various aspects of sexuality in a public forum and five different people were asked to give talks.

The speeches covered a number of topics from orgasmic childbirth – yes, really – to whether or not homosexuality could be a choice instead of an innate disposition. One talk in particular got my attention – the issue of sexuality and the disabled.

A week later I watched a short film called Want by Loree Erickson, who styles herself as a porn star academic. Want graphically shows Erickson, who is a disabled lesbian, engaged in sex play with her partner. The film, which may or may not be porn – although it did win a CineKink Award – forces the viewer to consider the fact that people with physical impairments are sexual people, just like anybody else.

As a general rule we tend to overlook sexuality when we think about disability. If we do think about it at all, it is to consider it only from the point of view as a social issue.

People with intellectual disabilities are seen as particularly troubling. Either they are potential victims for sexual abuse – which unfortunately is common – or they do not understand restraint and are seen as potential predators. Either way, their sexuality needs to be monitored. Rarely are their sexual needs discussed, although that may be changing.

Last October, the Law Reform Commission suggested that the law on sexual offences relating to people with developmental disabilities should be changed. As the law currently stands it is illegal to have sex with someone with an intellectual disability. While this law has the worthy aim of protecting the intellectually disabled from unwanted sexual contact or exploitation, it doesn’t allow for consensual sex and overlooks the fact that depending on the individual, consent or some form of it, may be possible. Legislation is planned to enable people to make decisions regarding their sex lives in line with their capacity.



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