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Sexual Exploitation of Young People with FASD - UBC ...

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Functional Approach<br />

At the time the decision had to be made, could the person understand its<br />

nature and effects<br />

Assessment <strong>of</strong> capacity on a material occasion<br />

Protects sexual autonomy including a right to refuse unwanted sexual<br />

attention as well as the right to choose to engage in sexual activity<br />

Both person specific and occasion specific, to have sex <strong>with</strong> this person here<br />

and now<br />

Separating an inability to refuse rather than to consent<br />

Looks at capacity to choose, make a decision through understanding<br />

relevant information and weighing it in balance to make a choice

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