Thinking the unthinkable

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Thinking the unthinkable

• Defining Sexual abuse

Not experienced as abusive
Experienced as abusive
Intended as abusive
Intended as abusive
Sexual Abuse
Sexual Abuse
Not intended as abusive
Inappropriate sexual behaviour
Not intended as abusive
Sexual Abuse
Experienced as abusive
Not experienced as abusive
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RELEVANT ACTS OF PARLIAMENT AND RULES
Abortion Act 1967 Care Standards Act
2000 Children Acts 1989 Criminal justice Ac
1988 Criminal Justice and Courts Services
2000 Criminal Justice and Public order Act
1994 Education Act 1996 Education (No 2) Act
1986 Employment and training Act 1973 Employment
rights Act 1996 Family Law Reform Act 1969 Gender
recognition Act 2004 Human Fertilisation and
Embryology Act 1990 Human Rights Act 1998
Learning and Skills Act 2000 Local Government Act
1986 Matrimonial Act 1973 Mental Capacity Act
2007 Mental Health Act 1959, 1983, 2008 Mental
Health Amendment Act 1982 National Health Service
Act 1977 NHS Trusts and Primary Care Trusts
(Sexually Transmitted Diseases) directions
2000 No Secrets 2000 Protection of Children Act
1978 Public interest disclosure act 1998 Sexual
Offences Act 1956, 1967, 1985, 1993, 2003 Sexual
Offences (Amendment) Act 1992, 2000 Youth Justice
and Criminal Evidence Act 1999
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Definition of Mental disorder

• DEFINED IN THE MENTAL HEALTH ACT
• Mental illness, arrested or incomplete
  development of the mind, psychopathic disorder
  and any other disorder or disability of the mind
• THIS INCLUDES A PERSON WITH A LEARNING DISABILITY

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Definition of consent

• A person consents if he agrees by choice, and has
  the freedom and capacity to make that choice

Definition of Sexual
An activity is sexual if a reasonable person
would either always consider it to be sexual
because of its nature, for example oral sex, or
that it may be deemed to be sexual depending on
the circumstances and intention. For example, a
medical examination in a doctors surgery, where
the purpose is not sexual, would not be
considered an assault.
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Definition of Care Worker

• Sexual Offences Act 2003
• Workers from care/community/voluntary/childrens
  homes
• Workers from NHS services or independent medical
  agencies
• People in regular face-to-face contact with
  client, regardless of whether they provide
  physical or medical care
• Paid or unpaid, full or part-time.

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Sexual Offences against persons with a mental
disorder impeding choice

• Sexual Offences Act 2003
• Section 30 Sexual activity with a person with a
  mental disorder impeding choice.
• Section 31 Causing or inciting a person with a
  mental disorder impeding choice, to engage in a
  sexual activity.
• Section 32 Engaging in sexual activity in the
  presence of a person with a mental disorder
  impeding choice.
• Section 33 Causing a person, with a mental
  disorder impeding choice, to watch a sexual act.

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Inducements to people with a mental disorder

• Sexual Offences Act 2003
• Section 34 inducement, threat or deception to
  procure sexual activity with a person with a
  mental disorder
• Section 35 Causing a person with a mental
  disorder to engage in or agree to engage in
  sexual activity by inducement, threat or
  deception
• Section 36 Engaging in sexual activity in the
  presence, procured by inducement, threat or
  deception, of a person with a mental disorder
• Section 37 Causing a person with a mental
  disorder to watch a sexual act by inducement,
  threat or deception.

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Care workers for people with a mental disorder

• Sexual Offences Act 2003
• Section 38 Care workers Sexual activity with a
  person with a mental disorder
• Section 39 Care workers causing or inciting
  sexual activity
• Section 40 Care workers sexual activity in the
  presence of a person with a mental disorder.
• Section 41 Care workers causing a person with a
  mental disorder to watch a sexual act.

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Other rules/ethics

• International and European Laws/rules
• National Laws / rules
• Professional codes of conduct
• Regional or local guidelines
• Employers policies and guidelines
• Local societys expectation
• Family and cultural expectation
• House rules for individual workplaces or living
  spaces
• Custom and practice of staff
• Service user expectations

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Where a person with a learning disability has
the capacity to consent to sexual activity then
they have the same right as anyone else to do so.
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Quiz

• 1.How old do you have to be to have sex, by Law?
• a)13 b) 16 c)18 d) 21
• 2. If you have sex with someone who does not or
  cannot consent is it rape?
• 3. If you show your genitals by accident, can you
  be prosecuted for indecent exposure?
• 4. Is it against the law for a care worker to
  have sex with someone with a learning disability
  (whom they care for)?
• 5. Is it against the law to threaten, trick or
  bribe someone into having sex, if they have a
  learning disability or some other mental
  disorder?
• 6. Is it possible for someone to be sterilised
  against their will?
• 7. If you teach someone with a learning
  disability to masturbate, are you likely to be
  prosecuted?

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Help! Is it in the policy?

• The rights and responsibilities of People
  receiving support
• The rights and responsibilities of staff
• The Law
• Risk Assessment, Risk Management, Protection
• Equality and discrimination

Sexual preferences Sexual identity Pornography
Pin ups Contraception Sexual Health Parenting Sexu
al Abuse Counselling therapy Staff
training Resources
Advocacy Consent Capacity to consent Confidentiali
ty Intimate care Sexual learning Relationships
Behaviour Local sexual health centres
Operational Policy
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Objectives and Learning outcomes

• Have an understanding of values and attitudes
  necessary for proactive support in the area of
  sexuality and personal relationships
• Understand the role, rights and responsibilities
  of paid staff in relation to support in the area
  of sexuality and relationships
• Know the rights and responsibilities of people
  supported in relation to their sexuality
• Have an awareness of the law in relation to
  people with learning disability and sexuality

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Thank you for your attention Any further
questions?

• Please fill in your evaluation form and leave on
  the table
• Please see me if you would like an NVQ testimony
• Please make sure you take any valuables with you
• I can be e mailed via learncare_at_live.co.uk
• Please return any FPA leaflets
• Have a safe journey home!

Goodbye