University policy suggests disabled people can’t consent to sex

University policy suggests disabled people can’t consent to sex

[Ed. – Which means they can’t have sex. Sad.]

An Armstrong State University sexual misconduct policy seems to indicate that students with physical or mental impairments cannot consent to sexual activity.

In its policy (accessed July 15, 2015), the university explains consent, mostly following “yes means yes” policies that consent must be ongoing and that silence does not equal consent. However, the final point regarding consent seems aimed at minors and persons with disabilities.

“In addition, persons under the age of 16 and persons who have a physical and/or mental impairment are unable to give consent,” the policy reads.

At first glance, this appears to indicate that a student in a wheelchair would not be able to ever consent to sexual activity simply because of his or her physical handicap.

Perhaps the school was only referring to impairment due to, say, alcohol or drugs, like if someone were falling down drunk or passed out. But the policy already explains consent when impaired due to alcohol or drugs just a few sentences earlier.

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