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Judge set to decide whether brain damaged man can visit sex worker
31 August 2021, 17:42
A judge is set to decide whether a man in his 30s who has brain damage can visit a prostitute to "have his sexual needs met".
The 30-year-old, who is not being named, was injured in an accident which left him with brain damage.
He lives in the community and has two carers, and he told a social worker he wants to have his sexual needs met.
He said "romantic matters of the heart are not for him at the moment".
Details of the case emerged on Tuesday at a preliminary hearing in the Court of Protection, where issues relating to people who might lack the mental capacity to make decisions are considered.
Mrs Justice Judd, who is based in the Family Division of the High Court in London, was told how specialists had concluded that he had the mental capacity to engage in sexual relations but did not have the mental capacity to make decisions about contact with other people.
The man's lawyers want a judge to decide whether allowing him to visit prostitutes would be in his best interest.
Barrister Susan McKendry, who is leading the council's legal team, told the judge that the man had said he wanted to visit a sex worker.
She added: "Romantic matters of the heart are not for him at the moment."
A judge is expected to make a decision later in the year.
In April, a senior judge ruled that care workers who helped vulnerable people to visit sex workers would not be breaking the law.
Mr Justice Hayden had considered another Court of Protection case, centred on a man in his 20s.
The judge said carers who facilitated adults with learning disabilities visiting sex workers would not be committing a criminal offence.