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Mental Capacity And Consent: The Case Of R V. Cooper

241 Words1 Pages
The case of R v Cooper saw the rise of many issues relating to a person’s mental capacity and consent to sex. Some of the key issues include the capacity being directed towards consent to sex as opposed to consent overall and a mental disorder that has the capacity to affect a person’s decision. A prime example of this would be the case of Re MB which involves the withdrawal of consent because of the patient’s needle phobia. However, the main issue raised by this case is the depth of the words “unable to communicate” found in Section 30(2)(b) of the Sexual Offences Act 2003. In this case, both the defendants were cocaine addicts and the victim involved a twenty eight year old woman with a diagnosis of schizo-affective disorder, an emotionally

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