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Court bans man with low IQ from having sex 
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MrStevenRogers wrote:
does that court order extend to 'wanking' ...

No that is just practising.

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Wed Feb 09, 2011 10:00 am
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ProfessorF wrote:
What's my excuse then? :lol:


You're too intelligent. That's my excuse too ;)


Wed Feb 09, 2011 11:03 am
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Linux_User wrote:
cloaked_wolf wrote:
Linux_User wrote:
I find the idea that the state has jurisdiction to prevent adults from engaging in sex to be morally repugnant, TBH.

Suppose this man has HIV. Would you then let him have sex with whomever he wants, when you cannot control whether he uses condoms or not?

I imagine the other party can control that fact though...

Don't know what you mean by that.

Anyway what if declines to tell other people? Knowingly infecting someone with HIV is a criminal offence but how would you find out? Especially if it's someone who is promiscuous?

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Wed Feb 09, 2011 7:28 pm
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cloaked_wolf wrote:
Anyway what if declines to tell other people? Knowingly infecting someone with HIV is a criminal offence but how would you find out? Especially if it's someone who is promiscuous?

Though with his low IQ he could easily get away with diminished capacity as a defence.

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Wed Feb 09, 2011 10:08 pm
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Amnesia10 wrote:
cloaked_wolf wrote:
Anyway what if declines to tell other people? Knowingly infecting someone with HIV is a criminal offence but how would you find out? Especially if it's someone who is promiscuous?

Though with his low IQ he could easily get away with diminished capacity as a defence.


That's not really much of a consolation if you're the person he infected with AIDS, is it now.

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Thu Feb 10, 2011 10:49 am
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jonlumb wrote:
Amnesia10 wrote:
cloaked_wolf wrote:
Anyway what if declines to tell other people? Knowingly infecting someone with HIV is a criminal offence but how would you find out? Especially if it's someone who is promiscuous?

Though with his low IQ he could easily get away with diminished capacity as a defence.


That's not really much of a consolation if you're the person he infected with AIDS, is it now.

Not it is not, but the only solution is to lock someone up for the safety of society as a collective. I doubt that can be done legally.

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Thu Feb 10, 2011 12:18 pm
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Amnesia10 wrote:
Not it is not, but the only solution is to lock someone up for the safety of society as a collective. I doubt that can be done legally.

Not relevant to this case, but isn't that exactly what "being committed" is? If doctors decide you are a danger to yourself or others, then you can be incarcerated indefinitely - although in America, "indefinitely" usually means until the health insurance runs out at which time you'll be magically cured.

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Thu Feb 10, 2011 12:44 pm
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Hmmm...

I'm not comfortable with this at all. I can see the sensible nature of the decision as regards the prevention of unwanted consequences.

However, I disagree utterly with a fundamental part of this - namely the right of the court to decide. My main question is where is the cut-off? What are the criteria upon which this decision can be made? How on earth can one accurately assess the "capacity to consent"? How far does this power extend? How far is this power limited? How does one challenge the decision? And the big question - how far can the court go to enforce its decision? What happens if the supervision order doesn't work? Committal, chemical castration?

The possible use of nebulous language and the bending of the intent of the law to decide who can and can't breed or engage in sexual activity frankly gives me the shivers. This judge expressly hasn't done that but I am concerned that this might take us down a path we really don't want to tread.

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Thu Feb 10, 2011 12:50 pm
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JJW009 wrote:
Amnesia10 wrote:
Not it is not, but the only solution is to lock someone up for the safety of society as a collective. I doubt that can be done legally.

Not relevant to this case, but isn't that exactly what "being committed" is? If doctors decide you are a danger to yourself or others, then you can be incarcerated indefinitely - although in America, "indefinitely" usually means until the health insurance runs out at which time you'll be magically cured.

Yes that aspect was something that I had not considered. :oops:

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Thu Feb 10, 2011 12:52 pm
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