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Yet, the rules according to which people are instructed or encouraged to engage, or discouraged or prohibited from interacting, with others β physically, interpersonally, and contractually β are seldom clearly defined. Moving through socio-legal frameworks and relevant case law, it weaves observations of the current legalities of sexual consent and capacity into contemporary theoretical perspectives on disabled sexuality in order to flag issues whose importance and relevance to PWD is often overlooked.
Examples of alternative sexualities that link queer and disabled approaches are discussed, drawing attention to the influence of social conventions and biases in judicial processes. In addition, sexual services rendered in exchange for pay are considered. Indeed, her call to arms hones in on less-discussed, sometimes subtle, yet not incidental harms: those experienced by the many PWD whose access to the full spectrum of sexual and reproductive possibilities is restricted throughout their lifetimes.
Moreover, her explicit and unapologetic disability-sex-positive as it might be termed today agenda, articulated decades ahead of its time and still widely referenced as relevant β e. In fact, her pointed critique aims squarely at the disability rights movement DRM itself. To masturbation? To reproduction? These are both socio-cultural and legal questions about how PWD, as a so-called sexual minority, might find emancipation. Police officers, lawyers and judges are brought up in the same societies as everyone else, and thus they internalise the moral codes with which they are raised.
In a practical sense, the degree to which existing laws can be ignored or evaded at least partly reflects the attitudes of those who might enforce them; stereotypes and biases carry over not only into legal judgements, which inform charges, determine laws, and, in turn, shape and reinforce social mores, but into law enforcement itself.
As Patricia Hughes comments:. Nonetheless, a decade after Abella J. However, the R. Justice Fish, who wrote the dissenting opinion on behalf of himself and two other judges, objected emphatically to the majority judgement. He asserted that because the complainant said she had consented to the activities in question while she was fully conscious and capable, the conviction of J. It would seem that Fish J. According to her judgement, not even the most soberly-considered, risk-informed, meticulously-planned, fully-articulated, conscientiously-negotiated decision to engage in specific sexual activities using agreed-upon safety precautions β a standard to which few individuals or couples or groups hold themselves accountable β would be valid beyond any planned lapse in consciousness R.