Clause 32 - Sexual activity with a person with a mental disorder or learning disability
Sexual Offences Bill [Lords]
4:30 pm
Ms Sandra Gidley (Romsey, Liberal Democrat)
I think that I understand the Solicitor-General's points, but I suspect that there are many people who would prefer the Bill not to differentiate in that way. When researching the area, I came across a court case—I cannot remember the name of the judge—involving a young girl who had a learning disability. The ruling was, I think, that she was unable to refuse because of her animal instinct. My concern relates to ''unable to refuse'' and the animal instinct that was referred to by the judge—I do not agree with his views. I am concerned that there will be an opportunity for a judge in a similar situation to use the same excuse. If we changed the wording, that idea might not be used in future.