Laurence,
I interpreted the initial post (correct me Susan if I am wrong) to be about
people who are not legally considered competent to give consent to engage in
sexual behavior with other people. My sister-in-law, for example, probably
does not have the legal right to choose to have sex with other people,
because she is not *legally* considered to be a competent adult. This is a
crucial issue for research, since it mediates between her right to be a
sexual person on the one hand (a right which current policy violates, as it
does for e.g. children), and the understandable desire of people who care
about her to help her avoid being coerced or exploited.
The *legal* standard of probate/competency *already* 'determines competency'
regarding sexual conduct, so even though I can see how historically
'research' has exacerbated the problem of determining competency, on the
other hand 'research' could have an activist/advocacy role in changing the
way 'competency' is conceived of as a matter of public policy and
jurisprudence.
--
Jill Stuart <[log in to unmask]>
----------
>From: "Laurence Bathurst" <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: seeking help - terminology
>Date: Sun, Feb 20, 2000, 11:17 PM
>
> Hello listmembers
>
> I find the following just so remarkable that I have to comment.
> How can one be incompetent in engaging in sexual behaviour. Even if I
> could not muster one thought and move one muscle, how do you know
> that my plastic pants aren't driving me wild with ecstacy?
>
> I am flabbergasted by the thought of someone being able to determine
> competency in sexual activity. Put any definition on it you want - the
> ability to gain an erection - the ability to have penetrative sex - the
ability
> to acheive orgasm - none of these things are considered necessary for
> non-disabled people to define their experiences as being sexual.
>
> I cannot wait to hear more about the nature of this research.
>
>
>> I am currently doing work with people who have been determined incompetent
>> to engage in sexual behavior. I am trying to find out to what if any degree
>> they are incompetent and if so what is the root cause - intellectual
>> incapacity or lack of education and opportunity. Very early days of
>> research.
>>
>> Susan Fitzmaurice
>
>
> Best regards
>
> Laurence Bathurst
> School of Occupation and Leisure Sciences
> Faculty of Health Sciences
> University of Sydney
> P.O. Box 170
> Lidcombe NSW 2141
> Australia
>
> Phone: (62 1) 9351 9509
> Fax: (62 1) 9351 9166
> e-mail: [log in to unmask]
>
> Please visit the School's interim web site at
> http://www.ot.cchs.usyd.edu.au
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Not one shred of evidence supports the notion that life is serious
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
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