People don’t necessarily give up their ability to consent to sex — including sadomasochistic encounters — when placed under the legal conservatorship of others because they are considered unable to handle their affairs, the Connecticut Supreme Court has ruled.
Lawyers involved in the case had said they couldn’t recall any legal precedents in the country on whether mentally ill and disabled people can consent to sex or sadomasochism. The case, which attracted amicus briefs from organizations including the Connecticut Bar Association, Connecticut Probate Assembly, Connecticut Legal Services and the Connecticut Legal Rights Project, which represents people with mental illness.
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