Unit 1 - Florida Council Against Sexual Violence

and Family Services.
• And therefore “lacks capacity to consent” means a
mental impairment that causes a vulnerable adult to
lack sufficient understanding or capacity to make or
communicate responsible decisions concerning person
or property, including whether or not to accept
protective services.
• Example: A female nursing home resident is having
sex with another resident, however, she believes the
other resident is her husband who has been dead for
several years. In this example, the person may seem to
be consenting to sexual relations, but she has mental
impairment such that she is unable to recognize or
understand that the other person is not her husband.
So, it is unlikely that she has capacity to consent.
• It’s also important to note that it is NOT illegal for an
older person to have consensual sex, whether or not
they are experiencing the infirmities of aging.
• Example: A 60 year old woman with paralysis below
the neck may choose to continue to have sex with her
husband or with a new partner. Simply because she is
sixty and physically disabled DOESN’T mean she
cannot consent or has no capacity to consent to sexual
activity.
DISTRIBUTE LAW
ENFORCEMENT
STATUTE CARD
Distribute Law Enforcement Statute Card
• Here’s a card you can keep handy on the job that lists
the definitions we’ve just discussed.
! Trainer Note: Prepare the participants to begin discussion of
the power and control dynamics of sexual abuse by having
them complete a true/false quiz on the myths of elder sexual
assault. The purpose of the activity is for participants to
recognize the myths they have accepted as truth and to set
the stage for receiving information that debunks those
myths. You may choose to give this quiz at the beginning
of this unit as an opener if you do not use the video.
FCASV Elder Sexual Abuse Trainer’s Guide 10
Unit 1