Literature Review on Provision of Appropriate and Accessible ...

PAGE 122
Legal
aspect
Ireland United Kingdom Australia
Main
capacity to choose R v Morgan (1970)
features <strong>Literature</strong> <strong>Review</strong> on Provision whether of to Appropriate agree case: and Accessible
Support to People with an Intellectual Disability who are
(continued)
to the touching,
Experiencing Crisis Pregnancy
whether because
she/he:
-lacks sufficient
understanding of the
nature or reasonably
foreseeable
consequences of
what is being done
-or for any other
reason
-or they are unable
to communicate
such a choice
Offences also
created where a
person with mental
disorder is coerced
into sexual activity
by inducement,
threat or deception
It must be
shown that a
person does not
have sufficient
knowledge or
understanding to
comprehend:
a) That what
is proposed to
be done is the
physical fact of
penetration of her
body by the male
organ or, if that is
not proved
b) that the act
of penetration
proposed is
one of sexual
connection as
distinct from one
of totally different
character