
doi: 10.1111/bioe.12652
pmid: 31463966
AbstractIn this paper, I answer the following question: suppose that two individuals, C and D, have been in a long‐term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue that there is compelling reason to endorse the Prior Consent Thesis, which states the following: D, when competent, can give valid prior consent to sex with her competent partner (C) that will take place after she has dementia, assuming that D is the same person as she was when she gave prior consent, meaning that, if D, when competent, gave prior consent to sex with C, then C may permissibly have sex with D. In Section 2, I explain both the background and the existing literature on this issue. In Section 3, I outline relevant stipulations about the kinds of cases I will be examining. In Section 4, I defend the Prior Consent Thesis. And, in Section 5, I address objections to the Prior Consent Thesis.
Adult, Aged, 80 and over, Male, Informed Consent, Sexual Behavior, Middle Aged, Humans, Dementia, Female, Mental Competency, Aged
Adult, Aged, 80 and over, Male, Informed Consent, Sexual Behavior, Middle Aged, Humans, Dementia, Female, Mental Competency, Aged
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