A disagreement has begun after an English judge spoke on the “fundamental human right” of a man to have sex with his wife.
The comment was made by Mr Justice Hayden after he was asked to impose a court order that would prevent a man from having intercourse with his wife of 20 years, because she may not be able to give consent anymore.
The case has been taken to the court of protection in London via social services after a woman’s condition began to deteriorate. The court heard that the woman has learning difficulties.
The court deals with cases for people who may not be able to make their own decisions due to their mental capacities.
Social services say there is reason to believe that the woman can no longer make her own decisions about whether or not she wants to have sex and therefore cannot give consent.
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Lawyers acting on behalf of social services have put forward that the man may have to be barred from having sex with his wife to make sure the woman is not raped.
In a preliminary hearing at the court of protection on Monday, Judge Hayden heard the man had offered an undertaking not to have sex with his wife.
The judge explained that the man may face jail if he broke any undertaking or oath not to sleep with his wife and added that it could be a hard situation to police.
He is quoted as saying in court: “I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the state to monitor that.”
The judge added: “I think he is entitled to have it properly argued.”
Following the comments, Labour MP for Bristol West, Thangam Debbonaire, tweeted: “I have written to the Lord Justice in charge of family courts, about a judge’s recent comments on a man’s “right to have sex with his wife”. Words matter. The UK has low rates of conviction for alleged rape, these comments reinforce dangerous attitudes.”
I have written to the Lord Justice in charge of family courts, about a judge’s recent comments on a man’s “right to have sex with his wife”. Words matter. The UK has low rates of conviction for alleged rape, these comments reinforce dangerous attitudes. https://t.co/pEW3OXLVkO pic.twitter.com/3rHHQFY8RK
— Thangam Debbonaire (@ThangamMP) April 3, 2019
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The couple involved cannot be identified. A full hearing is expected in the coming months.
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