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Sex, dementia, capacity and care homes

Bartlett, Peter


Nottingham Healthcare Nhs Trust Professor of Mental Health Law


This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.


Bartlett, P. (2010). Sex, dementia, capacity and care homes. Liverpool Law Review, 31(2), doi:10.1007/s10991-010-9077-6

Journal Article Type Article
Publication Date Jan 1, 2010
Deposit Date Feb 18, 2011
Publicly Available Date Feb 18, 2011
Journal Liverpool Law Review
Print ISSN 0144-932X
Electronic ISSN 0144-932X
Publisher Humana Press
Peer Reviewed Peer Reviewed
Volume 31
Issue 2
Keywords Sexual expression and human rights
Care homes
Senior Citizens’ homes
Capacity and sexual conduct
Public URL
Publisher URL


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