Practice Guidance - Sexually Explicit Material

9.1.1    Sexually explicit material is readily available on TV and the Internet and in magazines and videos, and may be a legitimate source of enjoyment and stimulation to services users. However, service users may need to be helped to understand that such material may be offensive and embarrassing to others. They may need support to understand that such material should be viewed in private. Staff and service users also need to be aware that some internet sites contain illegal material.

9.1.2    Viewing sexually explicit material may confuse or mislead service users and they may need help to understand the context and the variety of sexual preferences. In particular, they may need support to understand that they do not need to copy what they view.

9.2    Touch

Many forms of physical contact and demonstrations of affection (especially greeting behaviours) have sexual connotations. The difference between sexual and non-sexual touch is often subtle and can be open to misunderstanding on both sides. Service users may need to be helped to communicate how they feel about different forms of touch. Service users may also need to be helped to understand that certain forms of touch are not necessarily acceptable to all the people they meet – or in certain social situations. Similarly, staff should be clear about how they wished to be touched and not collude with socially unacceptable contact.
 
9.3    Dealing with false allegations

9.3.1    Allegations made by service users about inappropriate sexual behaviour towards them by staff of service users should always be investigated. However, the extent of that investigation may differ for some service users who are known to fantasize or to have made false/malicious allegations in the past.

9.3.2    An example of this is of a service user attending one of the GCC day centres who regularly relates incidents that have occurred in recent episodes of ‘Eastenders’ to her own life and has made allegations against other service users identical to the fictitious soap storyline.

9.3.3    If this happens and there is a strong suspicion that the allegation is false, staff should initially speak to their Line Manager and, if necessary, a Relationship Champion. Reasons for any subsequent actions taken will be recorded.

9.3.4    A low key fact finding session may take place between the service user making the allegation and a member of staff. A different member of staff could then ask the same questions of the service user later in the day to ascertain if their response is the same. If there is any doubt in the minds of either member of staff that an incident has taken place Multi agency safeguard policy and procedures | Safeguarding Adults in Gloucestershire or MARMAP procedures will be invoked.

9.3.5    If it is clear that the allegation is false staff will discuss the reasons behind the service user’s actions and ensure the service user is aware of the consequences of making allegations up.

9.3.6    If appropriate, staff may involve parent carers in their initial enquiries to see if anything has happened at home to trigger the service user’s behaviour. Parent carers may also be involved in agreeing any actions to be taken to reduce the chances of future false allegations being made.

9.4    Marriage, Living Together and Divorce

9.4.1    People with learning disabilities have the same rights in law as anyone else to marry or live together. Providing the person is over 16 years and has a general understanding of what it means to get married or enter a civil partnership, he or she has the legal capacity to consent to marriage. No one else's consent is ever required.

9.4.2    The District Registrar can refuse to authorise a marriage taking place if he or she believes one of the parties does not have the mental capacity to consent.
 
9.4.3    If people with learning disabilities express a desire to marry or live together, workers should be willing to discuss this option with them sensitively and seriously. Only if the couple agree, can workers involve parents and carers. However, the benefit of parental/carer support should be emphasised. Workers should be aware of the subtle distinction between offering guidance and influencing people’s decision making. The professional’s responsibility is to clarify the implications of various actions and to assess practical support needed by the couple.

9.4.4    Living together/marriage will mean that the person's financial and legal obligations will change. Workers may need to help the person with learning disabilities to access appropriate impartial information and advice. There are many successful marriages and relationships involving people with varying degrees of learning disability. However, as with other couples, there are examples of unsuccessful marriages, some of which may end in divorce. It is important that workers and/or parents do not demand guarantees that a marriage/living together between two people with learning disabilities will work. The law relating to divorce is the same for a couple with learning disabilities as for others. Workers should be aware of the support services on offer e.g. counselling and mediation. Again, the professional’s role would be to offer guidance on the implications of any action.

9.5    Sexual Aids

The use of everyday objects for sexual stimulation and pleasure may pose a risk or cause harm to an individual. In such circumstances, service users may need to be supported to use specialist sexual aids.

9.6    Masturbation

Masturbation is a common element of the sexual behaviour of men and women, but service users may need to be helped to understand that it is an activity requiring privacy. Where staff become concerned that masturbatory practices appear excessive or are causing physical harm, they should seek advice from the CLDT or multi-disciplinary team.

9.7    Respecting Diversity

9.7.1    Both staff and service users need to understand the diversity of sexual expression and sexual preference and respect this. Similarly, attitudes towards sex are influenced by our cultural and religious backgrounds – which will not be shared by everyone but which need to be respected.

9.7.2    Service users may need to be supported to explore the implications of any decision they make on their relationship with their family or wider community.

9.8    Emotional and Sexual Dysfunction

In certain circumstances, staff will need to support people to access specialist advice and/or services. These would include:

a)    Erectile dysfunction, painful sex for women, non-consummation
b)    Abusive behaviour
c)    Marital problems
d)    Exhibiting behavioural or emotional disturbance linked to past abuse
e)    Mental Health problems

9.9    Contraception

9.9.1    Contraceptive advice is legally and freely available to everyone who is over 16.

9.9.2    If service users are beginning to consider or to have sexual intercourse, they should be supported in finding information and advice about contraception for example through GPs, Family Planning Clinics or the CLDT.

9.9.3    Nobody can be given contraception without their knowledge or consent.

9.9.4    Unless the service user consents, staff should not discuss contraception with parents or others and will seek to maintain confidentiality at all times.

9.9.5 Service users should be supported and facilitated to take control of and manage their own health care, including support to gain access to up to date information and advice about general health issues e.g. contraception.