Legislating Consent: Creating an Inclusive Definition of Consent to Sex

Abstract

In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability and feminist theory, we give the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-making than others. We tell the story of the movement in Ireland to reform such law and our experiences working collaboratively with artists, disabled people’s organisations and parliamentarians to achieve change.

Keywords: cognitive disabilities, law reform

JEL Classification: K00, K39