Re AA (Capacity to consent to sexual practices) [2020] EWCOP 66

Autoerotic asphyxiation "I am concerned with AA, a 19 year old man, who has been diagnosed as having autism ('ASD') and Asperger's Syndrome. He has interests relating to certain sexual practices including autoerotic asphyxiation ('AEA'). He has posted material about himself on the dark web, advertising his wish to be a submissive partner and his desire to be kidnapped and raped. The issues for me to determine are: (i) AA's capacity to conduct proceedings and make decisions regarding AEA, internet and social media, consent to sexual relations and contact with others; (ii) AA's best interests in those domains where he lacks capacity to decide; and (iii) Whether I should authorise AA's deprivation of liberty."

Essex

This case has been summarised on page 25 of 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021).

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 132, June 2023)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Sex and marriage cases🔍

Date: 15/12/20🔍

Court: Court of Protection🔍

Judicial history:

• Re AA (Social media and internet use) [2021] EWCOP 70
• Re AA (Capacity to consent to sexual practices) [2020] EWCOP 66

Judge(s):

• Keehan🔍

Parties:

• A Local Authority🔍
• AA🔍

Citation number(s):

• [2020] EWCOP 66^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
• Re AA (Social media and internet use) [2021] EWCOP 70

Published: 1/12/22 16:10

Cached: 2024-11-21 14:53:53