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05-10-2019, 03:46 PM
31

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

My goodness, that must have been a tough decision for the Judge to have made.

The right for this man to seek sexual intercourse? how could she possibly deny any human being of that basic right?

But what justice would any female have if attacked, (not that I am saying he would) but as he has no concept of the meaning of consent, how would that female feel about the judgement made, if she is molested or even worse, by this man?
Yet another case of ''Lessons will have been learned?''
too late for the poor female that was attacked, courtesy of a Judgement.

I certainly wouldn't have liked to be in that Judge's shoes making such a decision.
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05-10-2019, 03:56 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

I'm sorry but feel I must add to this.

If it is a case of this grown man who does not have the capacity to know what consent is, then he is a very dangerous man indeed. It's all very well saying that he has a right to meet and marry, what happens if he goes for what is a basic urge when he is with this lady? The mind boggles. Is he a danger to the female public? Has he just been given carte blanche to do what he wants with any female, having a ready made excuse?

It makes me shudder to think of the possibilities of this judgement.
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05-10-2019, 03:57 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Dodge ->
If the man is unable to understand the concept of 'consent', that also means he will not understand the meaning of rape or sexual assault, because to do either means consent was not given, a concept which has been proven the man does not understand due to his level of autism.

If this man is ever accused of rape or sexual assault, the Judge could find herself in trouble for allowing a man she knows does not understand the concept of 'consent' to rape any woman he tries to have a sexual relationship with because if the woman say's NO, he will not understand this.
Exactly my thought Dodge. The more I think about this, the more annoyed I am at the decision. Too many court decisions regarding human rights seem to be taken at the expense of the public's safety.

So I would have to say it's the wrong decision. Even being part of a care plan, he is obviously still a danger to women, through no fault of his own.
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05-10-2019, 04:07 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

If this man does rape any woman, i hope that woman would have the guts to find the Judge who ruled in his favour, go up to her, look her in the face and say 'You allowed this man to rape me!!!' and i would hope the press is there to see it.

It is not always Black and White, there is also in-between but in my opinion all the Judge focused on was the man's human rights being infringed upon and therefore rules in his favour, regardless of the potential threat he is to women, his human rights take priority.
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05-10-2019, 04:19 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Didn't this female Judge take into account that his local authority was so concerned at his behaviour towards women that he was under a strict care plan? Thank goodness the authority are going to appeal this judgement.
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05-10-2019, 08:56 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Here you go

https://uk.yahoo.com/news/dale-kelly...190410013.html

This is exactly what is going to happen to this man with autism. The man in the linked article was sleep walking when he sexually assaulted the woman and was found not guilt by reason of insanity. When the autistic man assaults a woman, and he will do it because he does not know any better, he will get the same judgement, not guilty by reason of insanity, you just watch.
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05-10-2019, 08:58 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by shropshiregirl ->
Didn't this female Judge take into account that his local authority was so concerned at his behaviour towards women that he was under a strict care plan? Thank goodness the authority are going to appeal this judgement.
Like i said in one of my posts, the Judge was given ALL the facts, even the mans medical history but yet even with ALL that information telling her that this man is a danger to women, she considered his human rights were more important and in my opinion ignored everything that was put before her.
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05-10-2019, 11:42 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Dodge ->
Like i said in one of my posts, the Judge was given ALL the facts, even the mans medical history but yet even with ALL that information telling her that this man is a danger to women, she considered his human rights were more important and in my opinion ignored everything that was put before her.
Might I just correct you ? A psychologist expressed the opinion that the man is of a moderate danger to women .Let’s not make it sound worse than what it is ?

The judge did not say the man’s human rights were more important .....
she said that insisting that JB understands the issue of consent before being allowed to pursue sexual relationships would be discrimination because it would “impose on him a burden which a capacitous individual may not share”.

She said not having that knowledge might result in criminal prosecution but JB was “entitled to make the same mistakes which all human beings can, and do, make in the course of a lifetime”.
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06-10-2019, 12:30 AM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Zuleika ->
Might I just correct you ? A psychologist expressed the opinion that the man is of a moderate danger to women .Let’s not make it sound worse than what it is ?

The judge did not say the man’s human rights were more important .....
she said that insisting that JB understands the issue of consent before being allowed to pursue sexual relationships would be discrimination because it would “impose on him a burden which a capacitous individual may not share”.

She said not having that knowledge might result in criminal prosecution but JB was “entitled to make the same mistakes which all human beings can, and do, make in the course of a lifetime”.
Using the word 'moderate' is semantics, the man is a danger to women, regardless of the word the clinical physiologist and Judge use.

As for human rights, this comment from the Judge implies his human rights are more important. It does not matter that she did not use the word 'human rights', her comment makes it clear she is implying it

The judge did not say the man’s human rights were more important .....
she said that insisting that JB understands the issue of consent before being allowed to pursue sexual relationships would be discrimination because it would “impose on him a burden which a capacitous individual may not share”.
In other words she is saying 'his human right to have a sexual relationship is being prevented because he is being discriminated against'.
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06-10-2019, 11:48 AM
40

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Dodge ->
Using the word 'moderate' is semantics, the man is a danger to women, regardless of the word the clinical physiologist and Judge use.

As for human rights, this comment from the Judge implies his human rights are more important. It does not matter that she did not use the word 'human rights', her comment makes it clear she is implying it



In other words she is saying 'his human right to have a sexual relationship is being prevented because he is being discriminated against'.
He is not a danger to the average woman in the street in the way you're implying it in my opinion .
It might well be that the care package the local authority have set up is not allowing him the freedom he wants in order to get a girl friend , which might be another autistic person in such places that cater for them .
You should probably Google the Autistic and Relationships .
I do understand tho the worry that this man cannot understand consent and its this that the judge has ruled on , that he cannot be discriminated against because of that .
 
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