Legal Issues

Legal Issues

KRS 510.202 Right or lack of rights of people with disabilities to have sex

               “person is incapable of consent if… MR…MI…”

The intent behind the law was to protect, but it’s far too broad. How do people with intellectual disabilities have sex without committing a crime?

It was discussed that the law is largely unenforced, and that guardianship may not be actively involved in the issue.

Other laws allow for people with intellectual disabilities to get married… but can they have sex? J

This can provide an easy out for providers.

There was also discussion around clause 3E “Under care or custody of the state”

A lot of people get the label of ID, then roadblocks to having intimate relationships can come from many factions, including:

  • Parents
  • Guardians
  • providers

Some providers do provide education, but it doesn’t go any further than getting into a plan. That becomes frustrating for folks and can lead to “behavioral” issues if not addressed. We pay lots of money for behavioral plans. Why not teach masturbation or provide adult materials.

What should happen next?

Talk to lawmakers? This would be a tough bill for legislators to sponsor. So perhaps start at marriage piece to get a foot in the door, and then amend.

Should we create a task force (including parents)?

We need to educate and become better informed ourselves.

There was also sharing in this group about one person’s situation related to discrimination and negative societal attitudes. Discussion about bullying laws.

NEXT STEPS

Continue this legal group.
Research issues of consent.
Research online parenting forums to see how other groups handle consent issue

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