Brain tumour/stroke/sex and uk consent law

  • 3 replies
  • 35 subscribers
  • 124 views

Hello. New to this, I’m not asexual but it seems under UK law you can’t potentially have sex due to uk consent laws with brain tumour and stroke damage or brain injuries due to capacity consent especially if a tumour in certain part of the brain. It would be illegal like if under age. The law particularly fluffy and you are putting other partner at risk potentially if something went wrong and could be classed as rape. Does anyone have any further info on this and secondly how have you got it across in dating apps friendship wanted no sex. Finding it extremely hard looking for inspiration. Hope you don’t mind me asking and happy new year. You would think even thinking of other people in this way would prove capacity but again all fluffy. 

  • Good afternoon. Legislation in Europe can be seen as ambiguous but is there to protect many vulnerable and disabled. Yes it could potentially be seen as rape from what you explained but I personally see this no different than other disabilities. I have no experience of dating in the modern world happily married to my childhood sweetheart for 14 years. 

  • Hi Meowlicious,

    My name is Dylan and I work in the Online Community team.

    Thank you for posting in this forum. Sex, intimacy, and relationships can be complex topics to address but its so good to have these conversations.

    I thought it might be helpful to include two links to documents that explain more about the UK Law and Capacity to consent:

    I hope you are able to get some helpful advice and "inspiration" soon.

    Best wishes,
    Dylan

    Macmillan's Online Community Team

  • There are many gaps in UK law due to ethics, morales as you, twells and I personally think lack of knowledge.

    This is an example have been some cases reported in law with consent but not conclusive and a lot of people seem to err on side of caution to avoid any potential negative comeback whether that be accusations or formal police charges.

    Hopefully someone at some point one decade can take further or elaborate and make law clearer for brain injuries/tumour/stroke in the future. 

    Just sad overall. Current law links capacity to understanding/capacity of language, effects and consequences but not clear cut even through documents provided. Cases in law suggest brain tumour have even less understanding in central parts of brain but there are no clear cut cases. 

    The highlights is not directly linked but useful to know on other sexual side. This seems to imply sexual activity allowed but then law doesn’t in certain cases. 

    Either way industry experts don’t have all the information.  

    We all knew that before this conversation. 

    And no further forward.

    Have a good weekend and thanks for trying to get me an answer but didn’t Rolling eyes

    Highlights

    • Of all neurosurgeons, a majority (59.1%) stated that they never discussed sexual health with patients suffering from brain tumors.
    • According to the neurosurgeons‘ experience, 73.8% of the patients (almost) never spontaneously expresses sexual health problems during consultation, while 25.4% experiences in last than half of their cases that patients express these issues spontaneously.
    • Overall, only 10.7% of the neurosurgeons indicated to have enough knowledge on sexual health. This in contrast to 59.1% who either have or insufficient knowledge no knowledge at all. The majority of 63.1% of the neurosurgeons answered that they are in need of extending their own knowledge on discussing sexual health.