Judge to consider banning man from having sex with his wife of 20 years

A man could be banned from having sex with his wife of 20 years because it is claimed she no longer has the mental capacity to consent.

The woman has learning difficulties, and social services bosses with responsibility for her care say there is evidence that her mental health has deteriorated to the point that she no longer has the ability to make decisions about whether she wants to have sex.

A judge in the Court of Protection in London – a specialist court which looks at issues involving people who lack the mental capacity to make decisions – has been asked to consider the case.

Lawyers representing social services bosses have suggested the judge might consider making an order barring the man from continuing to have sex with his wife to ensure she is not raped.

At a preliminary hearing, Mr Justice Hayden was told that the man had offered to give an undertaking not to have sex with his wife.

But the judge has made clear he wants to hear evidence and arguments from lawyers representing the woman, the husband and the council involved before he makes a ruling in the case.

He suggested the man might be put in a situation where he could face prison if he breached an order, or an undertaking, not to make love to his wife.

He also suggested that such an order would be difficult to police.

Mr Justice Hayden said: “I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the state to monitor that – I think he is entitled to have it properly argued.”

A full hearing is expected to take place at a later date.

The judge said the couple could not be identified in media reports of the case.

(c) Sky News 2019: Judge to consider banning man from having sex with his wife of 20 years