If there are serious deficits in understanding these 3 main criteria, then the primary physician is fully qualified to prepare the proper documents for the court, including relevant descriptions of the patient and opinions from family members, occupational therapists, psychologists, and other observers. Morano is a candidate for a degree in Medicine at the University of Tennessee, Memphis. Competency or incompetency is determined as the situation arises. Sexuality has psychological, biological and social aspects, and is influenced by individual values and attitudes. Sexual expression of mentally retarded people: Consent to sexual activity. Their 23 dimensions can be summarized in 3: Disorders usually first diagnosed in infancy, childhood, or adolescence.
The mental health professional, the mentally retarded, and sex. The Stanford-Binet Scale was the first formal IQ test developed in and has historically been used to assess those aged 2 to 18 years. A clinically documented case of sexual abuse involving a mentally retarded individual has the potential for strong legal action in the future. As was established, states will greatly vary in their definitions of legal consent with respect to the mentally retarded citizen; however, Stavis and Walker-Hirsch, 1 under the auspices of the AAMR, propose 3 helpful standards of legal consent that are upheld by most advocacy groups as ideal. This test is remarkably similar to the medical informed consent doctrine in which the patient must understand both the nature and consequences of a procedure; this test also parallels the medical consent doctrine in that the individual must understand the risks of behavior, including negative outcomes. Because IQ is such a powerful psychological assessment, it is crucial that the medical professional pay special attention to establish its accuracy. In sharp contrast to the medical informed consent doctrine, there is no obligation to understand the nature and consequences of such sexual activity, nor is there any obligation to comprehend the morality of the act. Body image, intellectual disability and sexuality In some ways, society presents a narrow view of how men and women should look, particularly through the media. It is imperative for physicians to understand the biological aspects of mental retardation in order to make informed decisions concerning the rights of the mentally retarded in the community. In helping to determine legal competency, a physician or psychologist generally asks a series of questions or utilizes one of several competency assessment tests to probe the individual's various neurologic, psychological, intellectual, and physical capacities to make an informed decision. The reader should note that the term developmentally disabled denotes a broader category that encompasses those with mental retardation, cerebral palsy, epilepsy, autism, or other neurologic conditions closely related to mental retardation. Morano is a candidate for a degree in Medicine at the University of Tennessee, Memphis. It is estimated that these individuals are victimized at 4 to 10 times the rate of the general population. In Victoria, all people aged 16 years and over, including those with disability, are entitled to privacy and choice, within the law, regarding their sexuality and sexual activity. If there are serious deficits in understanding these 3 main criteria, then the primary physician is fully qualified to prepare the proper documents for the court, including relevant descriptions of the patient and opinions from family members, occupational therapists, psychologists, and other observers. While incompetency denotes a legal inability to make rational, informed decisions, incapacity is a more expansive legal term that denotes ineligibility and inability regarding basic life decisions. Cases of sexual assault are arbitrated differently according to individual state laws and statutes; however, there are 3 main themes that may prove helpful for the physician. Mental Retardation Versus Mental Illness Mental illness is separate from but can coincide with mental retardation. Sometimes, a person with intellectual disability may be less able to enjoy sex, which may be due to: The physician is encouraged to fulfill an advocate's role by broaching the issue of sexual activity with the patient and directing the patient and caregiver toward community resources and support groups to address these issues. However, appropriate education and behavioural training are, in most cases, better ways of addressing issues such as these. Some people with intellectual disability may find it difficult to access contraception and other sexual health products and services, especially if they cannot be open with their family or carers about their sexual activity. The following few paragraphs will discuss current laws on sexual abuse and will define the legal terminology employed by such statues and codes. For example, a patient in a state of coma, unconsciousness, or severe dementia is generally deemed to be incompetent to make medical decisions. The attitudes and support of other people are essential in helping people of all abilities to have healthy personal and sexual relationships.
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