- Court awards disabled husband Ghc55,5k in compensation
- The man’s wife denied him his conjugal rights because he has Down's Syndrome
- Trouble started when social workers banned the man’s wife from 'sleeping with' him
A High Court in Leeds, UK has awarded a man suffering from Down's Syndrome Ghc55,5k as compensation after he was allegedly denied his conjugal rights by his wife.
Trouble started when the 38-year-old disabled man and his wife went for a fertility treatment, during which a psychologist informed the wife that her husband lacked mental capacity to consent to ‘sleeping together’.
Consequently, a group of social workers banned the disabled man’s wife from sleeping with him, arguing that if she did so, the she would be violating the Sexual Offenses Act of 2003.
The Sexual Offenses Act of 2003 was enacted to protect the disabled and vulnerable people from abuse. The Act makes it illegal to engage in an intercourse with a person deemed to be suffering from mental disorder. The offense can attract up to 14 years behind bars.
However, in this case, the High Court ruled in the disabled man’s favor.
“This is a unique case,” Court of Protection judge Sir Mark Hedley said, just before he ordered the social workers who banned the man's wife from sleeping with him to compensate the husband.
The compensation was made not because of the social workers' decision to suppress the couple's conjugal rights, but rather because after they did so, they did not immediately take the initiative to educate the disabled husband on how to exercise those rights.
Name the social workers group mentioned in this case was kept secret by the court to protect it from public condemnation and criticisms.
For more about this case, watch video below: