Judge to decide whether man and wife of 20 years can keep having sex

Full hearing expected to take place in the near future

A specialist court judge could soon decide whether a man can continue to have sex with his wife of more than 20 years.

The woman has learning difficulties, and council officials have claimed there is evidence her current mental health means she no longer has the capacity to make decisions about sexual consent.

The social services bosses with responsibility for her care have asked the Court of Protection, where issues involving people who lack the capacity to make key decisions are heard, to consider the case.

Lawyers representing the unnamed council have suggested a judge might have to issue an order barring the man from having sex with his wife to prevent her from being raped.

Mr Justice Hayden has considered all the issues in the unusual case at a preliminary hearing in London.

The judge was told that the man has offered to give an undertaking not to have sex with his wife.

But the judge said he wanted to examine evidence in more detail and hear arguments from lawyers representing the woman, her husband, and the council involved before making any decisions.

The judge said the man might be put in a situation where he could face prison if he breached an order on sexual consent.

He also suggested that any such order would be difficult to police.

“I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife,” he said. “I think he is entitled to have it properly argued.”

A full hearing is expected to take place in the near future.

Mr Justice Hayden said the couple involved could not be identified in media reports of the case.

Additional reporting by PA