Is it just me or are other people having trouble with this one?!!!
>Lawrence, sorry, I obviously was not clear enough.
>
>In New York State, and other places, persons who have been found to be
>legally incompetent to make their own decisions can also be found to be
>incompetent to make decisions regarding their own sexual behavior. Persons
>are given an assessment and based on that assesment are deemed consenting,
>partially consenting
How can you "partially consent" to sexual behaviour?
>, or incompetent to consent. This is done (in theory)
>with the intention of protection, not harm.
How is it enforced?
>
>A person who is found consenting will not be interfered with in regards to
>their sexual behavior.
> A person who is found to be partially consenting may
>have specific areas of freedom or lack of.
Can you explain this e.g. will they only be able to engage in certain
sexual behaviours, with certain people, in certain places..?
>A person found to be incompetent
>will have (on paper) no freedom to consent to any sexual behavior
>what-so-ever.
Again, how is this enforced?
If you accept that "freedom to consent" can be removed, are you not by
definition saying that person IS CAPABLE of consent
>
>My research does not focus on the the policy itself, but instead on the
>accuracy and if accurate the source of tested incompeten
>
>I am working at present with six adults in their 40s who have been
>determined to be sexually incompetent
What do you mean by "sexually incompetent"?
Do you mean that they lack the psychological(mental) or emotional
capacity to understand what it means to say yes or no to sex i.e. give
informed consent to sexual activity OR that they are not competent or
capable of physically engaging in sexual activity? Are we talking
difference in terminology again?
>and yet have expressed an interest in
>sexual behavior of some sort.
>
>First I tested them. They all failed the test.
How do you define/measure failure?
> But why did they fail? Is
>it because of the testing instrument? Cognitive Incapacity? Or lack of
>access to the information?
>
>So far I have found the testing instrument to be woefully inadequate. For
>example:
>
>1. The use of line drawings to identify body parts is not adequate. The use
>of photographs is only marginally better. Only touching/pointing to a body
>part on the person seems to accurately access knowledge.
>
>2. In a testing situation it is difficult to retrieve information that you
>do not use on demand. When the portions of the test failed were given one
>week later all persons were able to answer questions they had no answer to
>before.
Could you explain this?
>3. Very few wrong answers were given. The information was known or unknown.
and this?
>I have found everyone eager to acquire sexual knowledge
>and capable of
>doing so
Does this not hint loud and clear at what the real issues may be i.e.
previous lack of information given in a way that is understandable and
accessible regarding self awareness of their own bodies and sexual
feelings for others etc Maybe it is this factor that needs to be
addressed in research?
>in a group dynamic, albeit, what was initially planned to be
>taught in one session has taken three sessions.
>
>Two of the six are being seen individually in addition to in the group. 1.
>Because of communication issues - her touch talker needs weekly adjustments
>so she can fully participate in the group. 2. One man is very shy and is
>being given opportunity to explore some of the issues raised 1:1.
I suspect that most of us would not feel totally comfortable with
exploring ideas around our sexual lives in a 'group dynamic'!
>
>
>The most important result of this research for the people I am working with
>would be if at the end they can be retested and found to be competent to
>consent. I of course have hopes of accomplishing much more.
>
My gut reaction is that some critical reflections are needed on the
ethics/practicalities of such an (oppressive?) policy in the first
place.
>
Please feel free to correct me if I am way off track here?
>Susan Fitzmaurice
--
Michael Adams
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