Protecting vulnerable adults from sexual abuse
| Date | 01 September 2000 |
| Published date | 01 September 2000 |
| DOI | https://doi.org/10.1108/14668203200000023 |
| Pages | 50-53 |
| Author | Alison Brammer |
| Subject Matter | Health & social care,Sociology |
50 © Pavilion Publishing (Brighton) Limited The Journal of Adult Protection Volume 2 Issue 3 • September 2000
A care setting can be a dangerous place as far as sexual crime
is concerned. Examples may be found in case reports from
the Registered Homes Tribunal and further evidence was
provided by the 1998 Longcare inquiry which was established
as a result of the exposure of extensive abuse of adults with
learning disabilities at two homes in Buckinghamshire.
It is clear that the law has a particularly difficult task in
responding appropriately in cases which concern adults with
learning disabilities. The issue of consent will often be central
to any consideration of whether behaviour is abusive. While
new proposals for reform of our law on capacity and consent
remain unimplemented this can lead to unacceptable situa-
tions. This column will consider a recent case where it may
be argued both that the criminal law failed to protect a woman
with learning disabilities who was raped in a care setting and
that this outcome was compounded by confusion over the
issue of consent. Discussion continues with consideration
of aspects of forthcoming reforms in the Care Standards Bill
and the extent to which these might offer greater protection
to vulnerable adults from sexual offences.
The facts of the Jennings case were as follows. David
Jenkins, aged 61, was charged with rape of a woman with
a mental age of two years and eight months. Jenkins was
employed as a support worker at a project providing supported
housing for about 100 adults with learning disabilities in
London. He admitted a sexual relationship after the woman
was found to be pregnant and DNA testing was carried out.
She had no concept of sexual relationships nor of their conse-
quences. The Crown Prosecution Service charged Jenkins with
rape, an offence which carries a life sentence. It is encouraging
that the CPS was prepared to pursue this charge, rape cases
often being difficult to prove. An alternative charge would
have been ‘sexual intercourse with a defective’ under the
Sexual Offences Act 1956, though this carries a maximum
sentence of only two years. The crucial issue in the case was
the meaning of ‘consent’ in the context of rape.
Protecting vulnerable adults
from sexual abuse Alison Brammer
Lecturer in Law, Department of Law,
University of Keele
Legal column
abstract
Here, the legal situation relating
to sexual activity and people with
reduced capacity is considered. From
the starting point of one recent,
contentious case, the column goes
on to examine the current state of
legal protection and intervention,
and looks at how this could be
improved by current developments
and possible future changes.
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