Establishing criteria for sexual consent capacity

Assessment of sexual consent capacity of individuals with mental retardation is a complex problem. A struggle exists between promoting rights and protection from harm when these impairments interfere with the ability to make informed decisions. We examined the consensus of psychologists on specific criteria for sexual consent capacity. Randomly selected doctoral level members (N = 305) of the American Psychological Association completed a questionnaire regarding their opinions about various components of human sexuality. A factor analysis of individual items revealed five factors: Consequences of Sexual Activity, Essential Sexual Knowledge, Unessential Sexual Knowledge, Safety for Self and Others, and Basic Safety Skills. Generally, the factor structure identified basic sexual knowledge, knowledge of the consequences of sexual behavior, and abilities related to self-protection as integral to sexual consent capacity.