sexual advice

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Comments

  • martie1118
    martie1118 Community member Posts: 41 Connected
    Thank you for your opinion, I feel well and truly told off around here, so I should go back to my corner and do whatever so-called normal people want and forget what I want. Are you and I human and don't we all have needs whatever they are?   
  • janer1967
    janer1967 Community member Posts: 21,922 Championing
    We are not saying you don't have a right to satisfy your needs what we are saying is those.needs shouldn't be satisfied by somebody who is paid to be your carer she was an employee of the care company employed to provide care not sexual activity.

    I maybe wrong but I think a care worker can aid facilitation  eg take you somewhere to partake in swx but they cannot participate in anyway in the activity.

    If you had met this person outside of the care environment and she wasn't one of your carers then there would be no issue 


  • martie1118
    martie1118 Community member Posts: 41 Connected
    I am sorry to say the care agency has banned my PAs from taking me anywhere to satisfy my needs, it is just as if the agency is stuck back in the dark ages.  
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,924 Championing
    It is to protect you both @martie1118. Though, I can hear you believe this should not be the case
  • Richard_Scope
    Richard_Scope Posts: 3,690 Cerebral Palsy Network
    Hi @martie1118
    The care company cannot ban you from seeing this person. They also cannot refuse to take you to have your needs met. If specific carers refuse to, they should be replaced for that specific aspect of your care. 

    We spoke about the law surrounding this a long time ago if you remember.

    I will post the information here:

    SEX, DISABILITY & THE LAW

     

     

    The Legal Age for Sex is 16 for both gay and heterosexual people. 'Sex' means penetrative sex, oral sex or masturbating together, but the definition of sexual assault in criminal law also covers any touching which could be regarded as sexual. Many young people in Britain behave in ways regarded as sexual below the age of consent, and so technically risk prosecution. Some policy seems to be to encourage safer sex and contraception rather than condemnation unless one of the partners is much older than 16. Police do sometimes prosecute youngsters for sexual activity, as some areas/forces have a more restrictive policy, depending upon CPS lawyers.

     

    Sexual Discrimination is illegal. The Equality Act 2010 protects all those who have a “protected characteristic” including orientation, which includes lesbians, gays, bisexuals and transsexuals. Trans is defined as people suffering from gender dysphoria, diagnosed as such, and either starting or planning to start, treatment for the same. The Act does not include transvestites or people who are intersex (born with both or no gender/sex organs).

     

    Discrimination against Disabled People is illegal. This means that you must treat disabled people in the same manner as others and provide them with the same opportunities, including making reasonable adjustments to allow them to be treated equally. It overrides any law which stops disabled people from enjoying the same privileges as other people.

     

    Abusing your Position of Trust It is illegal for someone to have sex with a person over whom they are in a 'position of trust', even where there is consent and both parties are over 16. This includes teachers of those under 18, carers and doctors, who people trust to look after them. This law currently even includes people with learning and mental health difficulties who become mentors for their peers.

     

    Touching Clients Consent is quite a complicated concept, legally speaking. Generally clients should not be touched without their consent, since to do so could be a battery (often referred to as an assault). But there are situations in which the law implies that people generally consent, such as touching someone to gain their attention, or to reassure or support them. There are also situations where it is not possible or practical to obtain consent, such as emergencies. Qualified medical and nursing professionals may touch their patients within these boundaries but not in a sexual way.  When restrictions are not adhered to, those who breach them may be convicted of criminal offences.

     

    Consent Not everyone has the capacity to consent. With those who may not, an assessment should be made as to whether the sexual expression in question is in the best interests of the client, with documention to prove their best interest has been carefully considered by those professionals involved. Capacity can often vary over time and should be re-assessed regularly. Guidance can be found at www.guardianship.gov.uk.If a person does have capacity to consent, and does consent to sexual activity, then their right to sexual expression and to consensual sex (both in private) should not be restricted.

     

    Female Genital Mutilation (FGM) is illegal and a serious crime. It is sexual abuse of a child which must be reported. Anyone with information about children at risk of FGM, people believed to be carrying out female genital mutilation, or any information relating to offences of female genital mutilation must call 020 7161 2888 and Crimestoppers (can be anonymous) on 0800 555 111.

     

    Forced Marriages are illegal. People with learning disabilities and children are forced into marriage through harassment, trickery, assault, kidnapping and blackmail. The forced marriage is also often a precursor to domestic violence including rape. The motives behind forcing people with learning disabilities to marry include an effort to find a carer, a means of obtaining a visa and a belief that marriage will "cure" learning disabilities. The charity Respond is campaigning to bring forced marriage to wider public attention and to improve official responses to.

     

    Sex Work is legal. Both the buying and selling of sex are, and always have been legal in Britain. It is legal for PAs and care staff to order an established, professional sex worker on behalf of a client who is unable to do so on their own because they cannot speak or write. There are many laws controlling the selling of sex: brothels are illegal although massage parlours and saunas are not, unless they just are fronts for brothels; soliciting on the street is illegal, as is kerb crawling; it is also illegal to pay for sex with a sex worker who has been trafficked. People who work as independent escorts, do so of their own free will.

    I hope this helps.

    Your issue here is not your right to sexual expression but the fact that the person breached their employment contract.

  • janer1967
    janer1967 Community member Posts: 21,922 Championing
    Your carers are there to provide care as detailed in your care plan and I can't imagine for a moment sexual activity or satisfaction is anywhere in your care plan ..

    My last comment on this thread going round in circles 

    Hope you get this and the business car insurance and complaint about social services all sorted 
  • martie1118
    martie1118 Community member Posts: 41 Connected
    Could anyone give me advice on this subject before I0.30 am tomorrow I have a meeting with social services and the agency? I have done my research and found out it is legal for me to have my PAs to arrange an appointment to see a sex worker and it is also legal to take me there if people refuse, they are breaking the law for people with disabilities. My PAs have told me if I insist on doing it, I would lose of my 24/7 care, if I did my disabled sister who is seventy-six would not cope with me while we on our own. My PAs feel their jobs are under threat if carry asking for what I want and I feel threatened by the social services and the agency, so they asked me not to push it, I understand why but I am the loser again. Can they threaten my PAs or me like this? Why don't they both learn the law     
  • Tori_Scope
    Tori_Scope Scope Posts: 12,451 Championing
    I'm sorry that we didn't see your post before 10:30am this morning @martie1118. Please do let us know how your meeting goes!
  • Robinsmith
    Robinsmith Community member Posts: 1 Listener
    Everyone has the right to live their life as they want. I have no idea about your case but I will suggest Cummings and Franck, the best disability discrimination lawyer. I hope they will suggest you the best legal advice.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,924 Championing
    Thanks for providing your advice @Robinsmith :)