There has been no attempt in Australia to document the lived experience of people with disability in respect of their sexual lives443 and a failure by policy makers to take into account the opinions of people with disability in relation to their sexuality.
The view that people with disability do not ‘require’ sex education means that many people with disability are not informed about safe sex or positive relationships. Consequently, people with disability are placed at a higher risk of abuse and exposure to sexually transmitted diseases.444
Legislation in several jurisdictions makes it an offence to have sexual intercourse with a person who has a cognitive impairment under certain circumstances. The aim is to protect people with cognitive impairment from exploitation but in many cases the legislation is paternalistic and prevents a person with cognitive disability from consenting to sex.445
In Australia, the predominant source of sex education for people with disability lies with a limited number of non-government organisations that conduct sex education projects, develop resources and provide training.446 These programs are extremely limited across Australia and usually directed at people with intellectual disability only.447 There are considerable barriers for people with disability to have sex and explore and express their sexuality and access supports for this.448
Many people with disability are consistently denied the right to engage in meaningful relationships and exercise their right to parent as they live in group homes or institutions with restrictive policies and practices that deny or discourage residents from having relationships or consensual sex.449
Although it is a requirement under disability services standards, anecdotal evidence suggests residents in care facilities are not always afforded respect and recognition of their right to privacy and confidentiality, particularly with regard to physical privacy. (See also Article 22) Intrusion by staff into a resident’s room without consent is not uncommon. The prevention of sexual conduct and relationships between consenting residents is very common in a number of facilities.450
Information from consultations has found that there are very few adult residential facilities that adequately cater for the needs of couples or those who want to pursue relationships. Key barriers include prejudicial attitudes of support staff, agency policies that prohibit sexual relations and an aggressive risk management culture in many support agencies. There may also be a directive from parents or family members to the residential facility to prohibit this for their adult child regardless of the person’s wishes and their adult status.
