Susan
Thanks for taking the time to reply. I never thought for a minute that the
position would be something that you were endorsing. Indeed i was after
you to clarify. Its a huge area for dilemma. Obviously there is something
wicked about a 'ruling' regarding the ability to consent, particularly when
using dodgy methods. The whole issue of consent and coersion and
people with any sort of cognitive disorder (for want of a more apt term) is
contentious. Its easy to see the exclusion and denial scenarios arising
but just as worrying, I think, is the deliberate placing of people in risky
situations. One example being, that a fellow should be taken to see a
prostitute because staff believed his admiration of their buttocks was due
to sexual frustration. Would same staff send a woman to a male
prostitute?
It seems that the question regarding consent should not be "is the person
capable of giving consent?" but rather, "is the other person capable of
interpreting the consent (or not) response?"
> 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, or incompetent to consent. This is done (in theory)
> with the intention of protection, not harm.
>
> 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. A person found to be incompetent
> will have (on paper) no freedom to consent to any sexual behavior
> what-so-ever.
>
> My research does not focus on the the policy itself, but instead on the
> accuracy and if accurate the source of tested incompetence.
>
> I am working at present with six adults in their 40s who have been
> determined to be sexually incompetent and yet have expressed an interest in
> sexual behavior of some sort.
>
> First I tested them. They all failed the test. 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.
>
> 3. Very few wrong answers were given. The information was known or unknown.
>
> I have found everyone eager to acquire sexual knowledge and capable of
> doing so 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.
>
>
> 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.
>
>
> 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
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Not one shred of evidence supports the notion that life is serious
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