`You May Kiss the Bride, But You May Not Open Your Mouth When You Do So': Policies Concerning Sex, Marriage and Relationships in English Forensic Psychiatric Facilities

Authors: Bartlett, Peter¹; Mantovani, Nadia²; Cratsley, Kelso³; Dillon, Claire⁴; Eastman, Nigel²

Source: Liverpool Law Review, Volume 31, Number 2, August 2010 , pp. 155-176(22)

Publisher: Springer

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Abstract:

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications.

Keywords: Emotional expression; Forensic psychiatry; Governance of psychiatric hospitals; Psychiatric hospitals; Sexual expression and human rights; Sexuality

Document Type: Research article

DOI: http://dx.doi.org/10.1007/s10991-010-9078-5

Affiliations: 1: School of Law and Institute of Mental Health, University of Nottingham, Nottingham, UK, Email: Peter.Bartlett@nottingham.ac.uk 2: Department of Psychiatry, St George's University of London, London, UK 3: Department of Philosophy, University of Massachusetts, Amherst, MA, USA 4: Broadmoor Hospital, Berkshire, UK

Publication date: 2010-08-01