ABSTRACT
Sexuality is an important aspect of the human experience, as it represents a unique source of pleasure, meaning and social connection. This, however, does not make sexual decision making immune to legal regulation. Legal doctrines that govern the capacity to consent to sex are among the most important forms of such regulation, as they control who has access to sex by designating who is legally capable of sexual consent. This chapter first examines the legal doctrines governing capacity before turning to how they influence legal liability and social norms. Then, the chapter suggests two potential supplements to the current legal regime. The first is advance consent, in which individuals use sexual advance directives to plan for their sexual lives during periods of cognitive impairment while residing in long-term residential care. The second is network consent, in which individuals with cognitive impairments achieve legal capacity to consent to sex through the assistance of a supportive network.
(capacity, consent, sexuality)
