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Man with Down syndrome awarded $12,000 after council banned his wife from having sex with him

By Mason White 8:30 AM August 20, 2017
Couple (illustration)
Couple (illustration)
By: Emily Lewis

A man won a lawsuit against a council in the United Kingdom, after he was banned from having sex with his wife.

The Court of Protection in London, heard that the man’s wife
received a letter from the local council, stating that she may face criminal charges if she continued having sex with her husband.

An attorney for the couple, who was not identified in order to protect their identities, said that the wife was warned that her husband who has Down syndrome cannot consent to sex.

In the letter, the council ordered the woman to stop having sex with her 38-year-old husband until he undergoes sex education.

The couple had been together for five years and they had enjoyed “normal conjugal relations,” before receiving the letter, the court heard.

The couple was waiting to comply with the order, but were forced to abstain from sex for more than a year as the course was delayed.

The wife moved into another room and withheld physical affection from her husband for fear of going to jail.

When the man’s sister learned of the incident, she hired an attorney who took the case to court.

Sir Mark Hedley ruled that the case was a breach of human rights, which had a profound impact on the man.

Sir Mark said although the move was “entirely lawful and properly motivated,” the case was “unique in that it involved a “settled, monogamous and exclusive married relationship.”

The husband has since seen a psychologist, who said that he now had the capacity to consent to sex.

The council agreed to apologize to the couple, and pay the man £10,000 ($12,000). In addition, they will pay his attorney fees.