Like ethnicity, gender, and sexuality,
disability is simply one of many
characteristics of being human.
When I see people with disabilities marry, I recognize that the march to the alter to stand before God is long. They
must march past societal bigotry, family disapproval, religious intolerance, and agency dictates…
Dave Hingsburger
(IMPACT feature issue)
The responsible exercise of human
rights requires that all persons respect
the rights of others.
World Health Organization Gender and
Human Rights
The Colorado Developmental Disabilities Council (CDDC)
advocates in collaboration with and on behalf of people with
developmental and intellectual disabilities for the establishment
and implementation of public policy that furthers independence,
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1
community employment, and full inclusion into every aspect of
life.
The D.D. Council is committed to including people with disabilities in all areas of community
life. The Council works toward system change via public policy as well as building capacity
and grant making. The Developmental Disabilities Council is
comprised of a 24- member body appointed by the Governor, with
All great establishments in the
a 60% representation of people with disabilities and their family
nature of boarding schools,
where the sexes must be
members.
The Council’s values concerning sexual expression are the same
for people with disabilities and the general public. Because there
are often misconceptions and fears around discussing the topic of
sexual expression, the Council has chosen to update its policy on
sexuality with the hope of increasing not only awareness of rights,
but also of increasing communication and discussions of the topic
in families, schools, and provider agencies (referred to in this
document as the “support team”) that support people with
disabilities.
This policy was developed to provide guidance and to affirm,
defend, promote and respect the inherent sexual rights and basic
human needs for all people living in Colorado, including people
with disabilities.
The Council supports the following for people living with
disabilities:
separated; where there must be
boarding in common; and
sleeping in congregate
dormitories; where there must be
routine, formality, and restraint,
and repression of individuality;
where the charms and refining
influences of the true family
cannot be had—all such
institutions are unnatural,
undesirable, and very liable to
abuse. We should have as few of
them as possible, and those few
should be kept as small as
possible.
Samuel Gridley Howe, 1866
► Living in one’s own home or apartment, not a nursing or group home owned by a service
provider agency;
► Real jobs with real pay and benefits, not piecework for a human service agency at subminimum wages;
► Students attending their neighborhood school in general classrooms rather than in separate
classrooms only for students receiving special education supports;
► Public transportation rather than special busses going to special places;
► The use of recreational activities/facilities that everyone has access to such as the YMCA or
Parks and Recreation, rather than segregated activities or Special Olympics.
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2
WHY IGNORING ‘THE’ ISSUE CAUSES HARM
Dave Hingsburger, in his book, Just Say Know, related the story of a young man who lived in a
group home and fell in love with one of his housemates. They arranged to have consensual
sex downstairs when staff was routinely busy with tasks upstairs that did not involve them.
The couple looked forward to spending time together at the group home as well as the
workshop during the day. When staff found them having sex in the basement, the staff pulled
them apart and the next day the young woman was immediately moved to another home and
was found other work. What did the individuals learn from this? That all sex is wrong, that
there is no time or place that is appropriate, no individual with which sex is an OK expression
of affection, and that sex is something to avoid talking about and doing. Sex is to be punished
and never to occur under any circumstance. This loss of ‘figure-ground’ leaves a person with a
disability unable to distinguish from ‘good sex’ and ‘bad sex’. There is no context in which to
discuss the topic, much less grow and develop as a result of experience and discussions. The
young man developed behaviors of staring at anyone of the opposite sex and going into a
fantasy world. Staff noticed this behavior and thought he might be a pedophile and referred
him to Mr. Hingsburger along with a rather large file of suspicions about his alleged pedophilia.
Lucky for the young man, Dave Hingsburger is very skilled and did not refer him on to the
criminal justice system for a life of prohibitions and a suspension of his rights.
There are two tragic consequences to this all too common approach. The first is that the
individual who knows there is no appropriate time, place, or person still has a desire in need of
expression and someone may assault someone unnecessarily. The second is that the person
who gets assaulted will rarely tell and view him or herself as being involved in something that
was terribly wrong and sinful. In short, oppression and avoidance of sex will lead to the
oppression of natural desire and behavior and lead to other much more serious problems.
Obtaining legal guardianship will not stop the sexual act from occurring in our children. The
denial of appropriate relationships by any means robs people of the ability to discriminate
between that which is acceptable and that which is not. Choice making is too often a foreign
concept. People who are victimized will fear being punished for doing something sexual and
therefore will not come forward.
PHILOSOPHY ON SEXUALITY
Sexuality is a basic biogenic need and integral to the way a person relates to their world. Much
more than sexual activity, sexuality encompasses self-perception, self-esteem, personal
Updated 11.27.11—incorp. MA’s comments
3
history, personality, concepts of love and intimacy, orientation, and body image. Every person
is a sexual being with inherent and basic human needs, including sexuality.
We are all sexual beings growing up with individually determined values of family, culture and
community. Each of us deserves to have the opportunity to love and be loved and, as
consenting adults, to establish relationships with the people we choose, and to express our
sexuality. Support personnel, whether they are family or community support providers, can
benefit from information and training to assist people in developing healthy and functional
expressions of sexuality.
People living with a cognitive or developmental disability
have the right to:
Sexuality refers to the whole self—
our thoughts, feelings, beliefs,
► develop self-identity, self-esteem, and self-respect;
► make choices regarding healthy and safe relationships and
sexual expression;
behaviors towards ourselves and
others…It is also our understanding
of our own body and how it works…it
► be supported to make informed choices;
is an intrinsic part of who we are, how
► grow up and be considered an adult by their family and
support team;
we perceive ourselves and how we
► be treated with respect and dignity;
are perceived by others.
The Down Syndrome
To be supported in their decisions about sexual relationships
through a person-centered process;
Association of Malta
► have the support they need to meet their goals and aspirations, including sexuality and
relationships.
To ensure this happens, the support team will:
► Value the voice of, and advocate for the rights of, people living with cognitive and
developmental disabilities.
► Support and advocate with families.
► Promote inclusion.
► Involve people in decisions about their own lives.
► Provide support that promotes self-development and independence.
► Treat people and their families with respect.
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4
► Respect the cultural, family, and community values of each person and their family.
POLICY STATEMENT ON FRIENDSHIPS AND RELATIONSHIPS
People living with a cognitive or developmental disability have the right to
develop and participate in relationships and to determine the nature of their
relationships.
While some individuals may need support in developing and maintaining friendships and
relationships, others will not. Relationships may be physically
Historically, families, professionals, and
affectionate and/or sexual. All people have a right to be
policy makers have erroneously
physically affectionate with an agreeable party.
believed that people with disabilities are
not able to make responsible choices in
regard to sexuality issues and, therefore,
they have been denied access to
sexuality education, freedom to
establish loving relationships, and
freedom of sexual expression.
TASH Resolution on Sexuality
The support team will:
► Ensure that people are afforded the opportunity to choose
friends and partners outside of their homes and to entertain
friends and partners in their homes;
►Ensure that people are given support and education on
how to develop the kinds of relationships that they desire;
► Acknowledge and honor all relationships that individuals
may wish to have as long as there is not harm, abuse, or
exploitation;
► Consistently support the right of individuals to have relationships in the manner that they
feel most comfortable;
► Respect people’s right to make mistakes in relationships as long as they are not unduly
hurt, exploited or harmed;
► Support people living in residential services who choose to invite friends and partners to
visit and/or stay over as long as the health and safety of themselves and others is ensured
► Support people to understand their responsibilities within relationships
POLICY STATEMENT ON SEXUAL EXPRESSION
All people have sexual feelings and a right to sexual expression, including
the rights to develop sexual relationships and to express /their sexual
identity and orientation.
People with a developmental disability have sexual feelings and the right to express those
feelings in a responsible manner.
The support team will ensure that:
Updated 11.27.11—incorp. MA’s comments
5
► There are private environments in residential settings where people are free to express
emotional and sexual feelings alone or with a consenting partner;
►All people shall have the opportunity to decide upon and express personal variations in
sexual expression (e.g. celibacy, masturbation, homosexuality, bisexuality, transgender,
heterosexuality);
►People can express their sexual feelings in a way that will not cause undue harm, abuse, or
exploitation to themselves or others.
POLICY STATEMENT ON PRIVACY
All people shall have the right to privacy in seeking guidance and support
in matters relating to their personal lives. They shall also have access to
privacy for engaging in physical affection or sexual expression with
another consenting adult of their choice.
People with developmental disabilities, like all United States citizens, enjoy the right to privacy
provided by the US Constitution. Exercising one’s fundamental right to privacy includes the
ability to engage in consensual sexual activity, purchase and use contraceptives, marry,
procreate, and refuse medical treatment.
The support team will ensure that:
► People will have the opportunity to discuss sexuality with the people of their choice and in a
setting that is comfortable for them, whether the conversation is happening on a formal,
informal, or private level;
► Personal or intimate sexuality issues are not discussed in group settings (i.e. Individual
Plans, etc.) only at the discretion of the person. Support team consultations with other
professionals may only occur with the permission of the person;
►Any information pertaining to sexuality, including Sexually Transmitted Infections, is kept in
a separate file for privacy and confidentiality;
► Opportunities to privately pursue sexual expression either alone or with another consenting
adult shall be provided.
► Sexual expression and choices of people to be sexual with are private and subject to the
same rules of confidentiality as other matters.
POLICY STATEMENT ON SEXUAL BEHAVIORS
All people have a right to their sexual expression providing it is not illegal
or imposed upon others.
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6
People with cognitive and developmental disabilities may be more likely to be charged with a
crime compared those without disabilities whenever illegal sexual activity is reported. This may
be due to an inability to hide behaviors as well as others do. Additionally, people with
disabilities may not realize their behavior is unhealthy, hurtful, or illegal because of a lack of
education and experience with appropriate social expression of sexuality or general decisionmaking. Frequently, others who do not know the individual well may misinterpret their
behavior.
Oppression of natural
sexual desire and
natural sexual behavior
leads to other, more
serious problems.
D. Hingsburger
► Ensure that there is support for people who have difficulty understanding
boundaries relating to sexuality;
► Adhere to the understanding that any behaviors that are not illegal are to
be allowed if all parties are consenting and no apparent undue harm, abuse,
or exploitation is indicated;
► Ensure that the purchase of stimulating materials or sexual toys is
completed in a discreet manner
►Persons are provided with physical assistance and/or adaptations, when necessary, for
purposes of sexual expressions and activity;
►People who have maladaptive sexual behavior or sexual dysfunctions have access to
meaningful education and support.
POLICY STATEMENT ON MARRIAGE AND PARENTING
All people have the opportunity to participate in commitment ceremonies,
marry, and/or have children.
People have the right to make informed choices about
committed relationships, their reproductive health and child
bearing.
The support team will ensure that people:
► Will receive education and information that supports their
informed decision-making in committed relationships including
personal counseling and benefits counseling;
► Are educated about their reproductive health, including
protection from Sexually Transmitted Infections;
► Have regular medical support and check-ups relating to their
reproductive health;
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7
Respect for Home and Family through
measures to eliminate discrimination in
all matters relating to marriage, family,
parenthood, and relationships on an
equal basis with others, ensuring among
others, the rights to marry, to found a
family, to decide freely and responsibly
on the number and spacing of children,
and to retain fertility.
Article 23 of the UN Convention on the
Rights of Persons with Disabilities
► Have unbiased and adequate information regarding
contraception options and side effects to support informed
decision making about the use and selection of contraceptives,
►Have access to the contraception or family planning method of their choice;
► Will receive education and information about having and raising children that is
individualized to reflect individual abilities to understand;
►Will make their own decisions related to having and raising children with supports as
necessary;
►Are supported to be the primary decision maker when deciding upon vasectomy, tubal
ligation, or hysterectomy.
POLICY ON ACCESS TO EDUCATION AND SERVICES
All people have the right to access information, education, resources,
support and services in a form they can understand
They don’t teach kids enough
and relate to.
about sex and the body, and
Sexuality education and services are not limited to biological
issues alone, but should also reflect the holistic nature of human
sexuality.
what it’s for…They should start
with little kids and tell them right
things because they hear about it
The support team will ensure that:
anyways. They figure people with
►Education and training is available and individualized to meet
disabilities don’t think about that
the person’s needs and level of understanding. It should include
the opportunity for actual practice, role play or assisted experience,
or mentoring whenever possible;
stuff, but we do just like everyone
► Education and training can include such topic areas as: puberty
feelings so staff and parents had
and adolescence; dating, relationship building, social skills
including public and private considerations, decision making,
values clarification, birth control, safe sexual practices and family
planning, premarital and marital counseling, childbirth education
and parenting, and awareness of laws relating to sexual
expression.
► Specialized counseling is available to people interested in
marriage and/or parenting, and on-going support and assistance is
provided to couples;
Updated 11.27.11—incorp. MA’s comments
8
else…Everyone has those
just better get used to it.
Couples with Intellectual
Disabilities Talk About Living and
Loving note: move this text box
closer to the beginning
►Information is provided on sexually transmitted diseases, including prevention, consent for
testing, treatment, and rights to confidentiality;
►Training in self-protection and avoidance of exploitation is
available. This includes assertiveness training, learning how to say
“no”, reporting incidents of abuse and exploitation, and self-defense
training.
►People are provided training in the appropriate and safe
expressions of personal sexuality including masturbation and the
use of sexual toys;
POLICY ON: SEXUAL ABUSE AND EXPLOITATION
PREVENTION
All persons have the right to receive training and
supports to learn how to avoid being exploited.
People at the greatest
risk for exploitation are
those who are insulated,
protected, or sheltered
from what could happen.
Skill development and
information are
powerful tools.
Terri Cowenhoven
Consent can be defined as a
person who is 18 years of age or
older who demonstrates an
understanding that his or her
body is private, that he or she
POLICY STATEMENT ON
CONSENT
Sexuality Educator and
parent
Adults living with cognitive or
developmental disabilities have the right to make
their own decisions about relationships.
has the right to say no, and that
A person of legal age and with the ability to give consent has the
he or she knows that the conduct
right to be sexually active in a way that is appropriate and safe for
them and their partners. Family members, guardians, staff, or other
is distinctly sexual.
interested parties can neither consent nor deny the right to sexual
FL Sexuality Policy
expression of a person living with a cognitive or developmental
disability. Consent laws are in place to protect individuals from
coerced sexual acts; however they should not deny two consenting adults the ability to enjoy a
relationship to its fullest sexual potential. If a person is engaging in sexual behavior that
causes undue harm, abuse, or exploitation to him/herself or partner, then efforts will be made
to understand the behavior and to support the person to engage in healthy sexual activity.
Support teams may assist the person to access improved social opportunities, assistive
technology, practice in decision making, or environmental changes that re-direct a person
Updated 11.27.11—incorp. MA’s comments
9
towards a lower-risk activity that he or she can manage right away (holding hands, dancing,
going out to eat, etc.) until they have gained the needed skills. (Luckassen & Walker-Hirsch).
(See Appendix 3: Consent and Guardianship for additional information).
The support team will ensure that:
► All people are given the opportunity to make decisions about their own lives.
► When a person is unable to consent verbally other means of seeking consent are used such
as pictures, symbols, signs, or other assistive technology.
GUARDIANSHIP
Guardianship does not preclude an individual with a disability from having sex, as some
guardians may hope. There are many ways of supporting an individual in lieu of obtaining full
guardianship and in the process, restricting rights. In
the past, total guardianship was the norm; now people
Guardianship need not limit the
with disabilities and their families are beginning to
adult’s right of sexual expression
consider partial guardianships and/or assigning power
and conduct, but dialog between
of attorney. Establishing a guardianship may remove
considerable rights from an individual and should only
the individual and his or her
be considered after alternatives to guardianships have
guardian can play a critical role in
proven to be ineffective or unavailable. If a
supporting the individual’s
guardianship seems necessary, it will be important to
consider what the guardian will have control over—
decision-making in this case.
where the youth will live, who he or she can see, what
Robert D. Dinerstein
level of intimacy a person may pursue, if the guardian
will authorize or prevent access to contraception. A
court must authorize any guardianship for an adult.
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10
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11
Young people do want
GUIDELINES FOR CARE PROVIDERS AND AGENCY STAFF
to hear from parents and
AGENCY RESPONSIBILITIES
other adults about sex,
Agencies develop, disseminate, and train their staff
regarding policies and practices that ensure the free
expression of sexuality for all persons with disabilities and
Agencies ensure the participation of people with disabilities
in the development of policies and practices which promote
privacy and ensure sexual expression.
Agencies make available to persons with disabilities ongoing counseling, education, and support in human
sexuality.
Agencies identify and use community resources regarding
human sexuality (e.g. support groups and family planning
services).
The agency has a plan to meet the sexuality needs of
persons with disabilities. The plan will include identification
of qualified staff or referral source to provide sex education,
training and counseling.
The agency makes available assistance and support to
persons with disabilities in addressing sexuality issues with
parents, family members and other providers. This may
include obtaining an advocate.
When sexual behavior is considered to be socially
inappropriate, the agency intervenes in an objective manner
which preserves the dignity of the persons involved.
love, and relationships.
They say they
appreciate—even
crave—advice; direction,
and support from the
adults who care about
them. But sometimes,
they suggest, adults need
to change how they offer
their guidance. Young
people want real
communication, not
lectures and not threats.
Talking Back: 10 Things
Teens Want Parents to
Know about Preventing
Teen Pregnancy
Agencies intervene in sexual activities of persons with disabilities only to the extent necessary
to reasonably reduce risks associated with sexual practices and exploitation.
Staff and volunteers are prohibited from sexually exploiting persons with disabilities.
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12
The agency has established procedures to screen allegations of sexual misconduct. Any
suspected illegal activity is reported immediately to law enforcement and/or department of
social services.
STAFF TRAINING
Agencies provide on-going, comprehensive staff training and development in human sexuality
and in the rights of people with disabilities to sexual expression.
Agencies provide orientation to all new staff regarding sexuality policies and procedures.
Agencies provide staff education to support social/sexual relationships of persons with
disabilities, including sexual preferences different from those of staff or agency religious base.
Staff are trained to discriminate between appropriate and inappropriate sexual activity and how
to make the determination for themselves.
Staff are trained to discriminate between legal and illegal sexual activities.
Staff are also trained to recognize potentially harmful sexual behavior and to obtain resources
to determine degree and type of necessary supports.
Agencies provide training on universal precautions of handling body fluids to prevent the
spread of infectious diseases.
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13
QUOTES
Is sexuality the last frontier for integration? We are integrating the workplace and
the community, should we not provide the skills and tools youth need to integrate
that most basic of human needs—intimate companionship/relationships?
Edwards and Elkin 1988
If we as a profession believe that people with ID or DD are entitled to make
vocational, social and residential choices, we should also respect their decisions
for sexually intimate relationships. John Allen The Facts of Life and More p. 166
Individuals with disabilities are in the triple bind of being the people who need the
greatest amount of basic planned sex education, who received the least, and who are
then punished by society for not knowing what others know.
Winifred Kempton
People with disabilities have a history of having sexuality denied and their hearts
disregarded.
D. Hingsburger
All individuals with intellectual/developmental disabilities have the same
inalienable rights to life, liberty, and the pursuit of happiness as all other
individuals. This includes the right to responsibly engage in interpersonal
relationships, which include sexual expressions, where there is mutual consent”.
Ames, 1995:265
Article 23 - Respect for home and the family
1. States Parties shall take effective and appropriate measures to eliminate discrimination against
persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an
equal basis with others, so as to ensure that:
Updated 11.27.11—incorp. MA’s comments
14
a) The right of all persons with disabilities who are of marriageable age to marry and to found a family
on the basis of free and full consent of the intending spouses is recognized;
b) The rights of persons with disabilities to decide freely and responsibly on the number and spacing of
their children and to have access to age-appropriate information, reproductive and family planning
education are recognized, and the means necessary to enable them to exercise these rights are
provided;
c) Persons with disabilities, including children, retain their fertility on an equal basis with others.
Updated 11.27.11—incorp. MA’s comments
15
CO DD COUNCIL POLICY ON SEXUALITY
APPENDIX #1:
DEFINITIONS
SEXUALITY
Sexuality is part of the totality of being human and includes all aspects of persons that relate to
their sexuality. Sexuality is part of every individual’s life from conception to death and subject
to lifelong dynamic change. Sexuality is essential to human health and well-being.
CONFIDENTIALITY
Confidentiality is the guarantee that information about a person is only made available to
others with the knowledge and consent of the individual, or his/her legal guardian.
Dissemination of such information involves the application of the “need to know” principle, by
which others receive only as much information as they need in order to serve and benefit the
individual in a sensitive manner.
PRIVACY
Privacy is the right to engage in sexual activities with the minimum amount of intrusion that is
reasonably possible.
SEXUAL ABUSE (SEXUAL EXPLOITATION)
Sexual abuse is any sexual act which occurs as a result of coercion, physical force, or taking
advantage of a person’s disabilities.
SEX EDUCATION/COUNSELING/TRAINING
The preparation for personal relationships by providing appropriate educational opportunities is
designed to help the person develop understanding, acceptance, respect and trust for oneself
and others.
Sex education includes the knowledge of physical, emotional and social growth, maturation,
and understanding of individual needs. In cases where the person demonstrates required
understanding, this education many include “counseling” in the traditional sense.
CO DD COUNCIL POLICY ON SEXUALITY
APPENDIX #2:
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16
LAWS APPLICABLE TO SEXUALITY AND PEOPLE WITH DISABILITIES
Constitutional Guarantees
The First Amendment to the United States Constitution guarantees the Freedom of
Speech, with exceptions.1 It also provides for the Freedom of Association2 and Freedom of
Religion.
The Fourteenth Amendment contains the Due Process clause and Equal Protection
clause.3 As is discussed above, the Due Process clause is of particular importance to this
issue because it guarantees privacy as a fundamental right. Exercising one’s fundamental
right to privacy means the ability to: engage in consensual heterosexual or homosexual
activity, purchase and use contraceptives, marry, procreate, have custody over one’s children,
keep the family together, control the upbringing of one’s child, have an abortion (with some
restrictions), and refuse medical treatment.
Federal Law
The Americans with Disabilities Act is a wide-ranging civil rights law that, in general,
prohibits discrimination against people with disabilities in employment, public entities, public
accommodations, and telecommunications.
The Fair Housing Act prohibits discrimination and any practice that otherwise makes
unavailable housing opportunities for all citizens, including people with disabilities.
The Individuals with Disabilities Education Act mandates free and appropriate public
education for all students with disabilities.
Section 504 of the Rehabilitation Act guarantees certain rights to people with disabilities
and prohibits disability-based discrimination by programs and services that receive federal
financial aid (such as airports, K-12 schools, and many universities and public libraries, to
name a few).
1
Exceptions include obscenity, defamation, fighting words, harassment, commercial speech, and time, place and manner
restrictions among others.
2
Freedom of Association means that laws that punish group membership must be necessary to achieve a compelling
governmental interest.
3
The Equal Protection clause prohibits purposeful discrimination against a class. People with disabilities are a non-suspect
class. This means that in order to be legal, the challenged governmental action must be rationally related to a conceivable
government end. Fundamental rights under the Equal Protection clause include the right to interstate travel, the right to
vote, and access to courts.
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17
Colorado Law
Adultery: Any sexual intercourse by a married person other than with that person's
spouse is adultery, which is prohibited.4
Abortion: See C.R.S.18-6-101 regarding when an abortion is legally permissible in
Colorado and when it is unlawful.
Bigamy: Any married person who, while still married, marries or cohabits in this state
with another commits bigamy unless certain exceptions apply. 5
Colorado Civil Rights Commission: This agency is charged with enforcing the State's
Anti-Discrimination laws in the areas of employment6, housing7 and public accommodation.8
Consent: In the developmental disability system, consent means an informed assent
that is expressed in writing and freely given. Consent shall always be preceded by the
following: (a) A fair explanation of the procedures to be followed, including an identification of
procedures that are experimental; (b) A description of the attendant discomforts and risks; (c)
A description of the expected benefits; (d) A disclosure of appropriate alternative procedures
together with an explanation of the respective benefits, discomforts, and risks; (e) An offer to
answer any inquiries concerning procedures; (f) An instruction that the person giving consent
is free to withdraw consent and to discontinue participation in the project or activity at any time;
and (g) A statement that withholding or withdrawal of consent shall not prejudice future
provision of appropriate services and supports to individuals.9
Consent: Under the Colorado Criminal Code, consent means cooperation in act or
attitude pursuant to an exercise of free will and with knowledge of the nature of the act.
Submission under the influence of fear shall not constitute consent.10
Discrimination against People with Mental Illness: No person who has received
evaluation or treatment under Article 65 of the Colorado Revised Statues is to be discriminated
against because of such evaluation or treatment. In this context, "discrimination" means giving
any undue weight to the fact of hospitalization or outpatient care and treatment unrelated to a
person's present capacity to meet standards applicable to all persons. Any person who suffers
injury by reason of a violation of this section shall have a civil cause of action.11
4
C.R.S. 18-6-501
C.R.S. 18-6-201
6
C.R.S, 24-34-402
7
C.R.S. 24-34-502
8
C.R.S. 24-34-602
9
C.R.S. 27-10.5-102(5)(a)-(g)
10
C.R.S. 18-3-401(1.5)
11
C.R.S. 27-65-115.
5
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18
Dissolution of Marriage: See C.R.S.14-10-102 for information about the dissolution of
marriage in Colorado. Two purposes of the Statute are to promote the amicable settlement of
disputes that have arisen between parties to a marriage and to mitigate the potential harm to
the spouses and their children caused by the process of legal dissolution of marriage.
Duty to report a crime: It is the duty of every corporation or person who has reasonable
grounds to believe that a crime has been committed to report promptly the suspected crime to
law enforcement authorities.12
Guardianship: Except as otherwise limited by the court, a guardian shall make decisions
regarding the ward's support, care, education, health, and welfare. A guardian shall exercise
authority only as necessitated by the ward's limitations and, to the extent possible, shall
encourage the ward to participate in decisions, act on the ward's own behalf, and develop or
regain the capacity to manage the ward's personal affairs. A guardian, in making decisions,
shall consider the expressed desires and personal values of the ward to the extent known to
the guardian. A guardian, at all times, shall act in the ward's best interest and exercise
reasonable care, diligence, and prudence.13
Imposition of Legal Disability: Colorado courts have the statutory authority to impose a
legal disability or remove a legal right from a person with a disability. The Court has to go
through several steps before imposing a legal disability or removing a legal right. 14
Individual’s Rights: Unless a person's rights are modified by court order, a person with a
developmental disability shall have the same legal rights and responsibilities guaranteed to all
other individuals under the federal and state constitutions and federal and state laws. No
otherwise qualified person, by reason of having a developmental disability, shall be excluded
from participation in, denied the benefits of, or subjected to discrimination under any program
or activity which receives public funds.15
Marriage: See C.R.S.14-2-112 for information about marriage in Colorado; the purpose
of the Statute is to strengthen and preserve the integrity of marriage and to safeguard
meaningful family relationships and to provide adequate procedures for the solemnization and
registration of marriage.
Right to Medical Care and Treatment: Each person receiving services shall have access
to appropriate dental and medical care and treatment for any physical ailments and for the
prevention of any illness or disability. Persons receiving services shall have a right to be free
12
13
14
15
C.R.S. 18-8-115
C.R.S. 15-14-314
C.R.S. 27-10.5-110
C.R.S. 27-10.5-112(1)
Updated 11.27.11—incorp. MA’s comments
19
from unnecessary or excessive medication. Medication shall not be used for the convenience
of the staff, for punishment, as a substitute for a treatment program, or in quantities that
interfere with the treatment program of the person receiving services.16 This section of the law
would apply to medications like birth control.
Sexual assault: Any actor or perpetrator who knowingly inflicts sexual intrusion or
sexual penetration on a victim commits sexual assault if: (a) The actor causes submission of
the victim by means of sufficient consequence reasonably calculated to cause submission
against the victim's will; or (b) The actor knows that the victim is incapable of appraising the
nature of the victim's conduct; or (c) The actor knows that the victim submits erroneously,
believing the actor to be the victim's spouse; or (d) At the time of the commission of the act, the
victim is less than fifteen years of age and the actor is at least four years older than the victim
and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is
at least fifteen years of age but less than seventeen years of age and the actor is at least ten
years older than the victim and is not the spouse of the victim; or (f) The victim is in custody of
law or detained in a hospital or other institution and the actor has supervisory or disciplinary
authority over the victim and uses this position of authority to coerce the victim to submit,
unless the act is incident to a lawful search; or (g) The actor, while purporting to offer a medical
service, engages in treatment or examination of a victim for other than a bona fide medical
purpose or in a manner substantially inconsistent with reasonable medical practices; or (h) The
victim is physically helpless and the actor knows the victim is physically helpless and the victim
has not consented.17 "Physically helpless" means unconscious, asleep, or otherwise unable to
indicate willingness to act.18
Sterilization: No person with a developmental disability who is over eighteen years of
age and has the capacity to participate in the decision-making process regarding sterilization
shall be sterilized in the absence of the person's informed consent. Sterilization can include
vasectomy, tubal ligation, and/or hysterectomy. Colorado law has a series of safeguards in
place to ensure that people with developmental disabilities are not sterilized against their will. 19
Legal implications submitted by The Legal Center for People with Disabilities and Older
People, July 2011.
16
C.R.S. 27-10.5-114
C.R.S. 18-3-402(1)(a)-(h)
18
C.R.S. 18-3-401(3)
19
C.R.S. 27-10.5-128, 129
17
Updated 11.27.11—incorp. MA’s comments
20
To request extra copies of the pamphlet, call Colorado Developmental Disabilities Council,
720-941-0176
Updated 11.27.11—incorp. MA’s comments
21
CO DD COUNCIL POLICY ON SEXUALITY
APPENDIX #3: Consent and Guardianship
REVIEW MATERIAL RELEVANT TO CO AND ADAPT INFO PRESENTED
BELOW
In the developmental disability system, consent means an informed assent that is expressed in
writing and freely given. Consent shall always be preceded by the following: (a) A fair
explanation of the procedures to be followed, including an identification of procedures that are
experimental; (b) A description of the attendant discomforts and risks; (c) A description of the
expected benefits; (d) A disclosure of appropriate alternative procedures together with an
explanation of the respective benefits, discomforts, and risks; (e) An offer to answer any
inquiries concerning procedures; (f) An instruction that the person giving consent is free to
withdraw consent and to discontinue participation in the project or activity at any time; and (g)
A statement that withholding or withdrawal of consent shall not prejudice future provision of
appropriate services and supports to individuals.20
Under the Colorado Criminal Code, consent means cooperation in act or attitude pursuant to
an exercise of free will and with knowledge of the nature of the act. Submission under the
influence of fear shall not constitute consent.21
There are two legally acceptable determinations of a person’s ability to give consent to an
activity: clinically or judiciously. Clinical determinations involve consulting professionals who
gather information and report their findings to a decision-making team or committee. Judicial
determinations occur when a court of law determines a person’s decision-making ability.
Informed consent tests consist of three, sometimes four basic elements that must be
demonstrated by the person being assessed: in Colorado?
1. Capacity
a. Meeting the state’s minimal age requirement
b. Demonstrating relevant personal decision-making, functional understanding, and
meaningful communication
c. Realizing the risks and benefits of the activities the person is engaging in.
2. Information or Knowledge
20
21
C.R.S. 27-10.5-102(5)(a)-(g)
C.R.S. 18-3-401(1.5)
Updated 11.27.11—incorp. MA’s comments
22
a. Being able to demonstrate that the person has knowledge about the nature of the
activity and its consequences (physical, moral, ethical, psychological, and
emotional)
3. Voluntariness
a. The person has made the decision free from any unreasonable coercion to
engage in or to refrain from an activity
4. Some states add the person demonstrates their understanding of the social and moral
implications of their acts.
If the person is determined to be not able to provide consent, support teams may assist the
person in becoming able to consent, including access to improved social opportunities,
practice in decision making, or environmental changes that re-direct a person towards a
lower-risk activity that he or she can manage right away (holding hands, dancing, going out
to eat, etc.) until they have gained the needed skills. (Luckassen & Walker-Hirsch).
CO DD COUNCIL POLICY ON SEXUALITY
APPENDIX #4:
RESOURCES
Sexuality Resources
The American Association of Sexuality Educators, Counselors, and Therapists
– http://www.aasect.org/
–
Families are Talking (SIECUS—English and Spanish)
– http://www.familiesaretalking.org/resources/rsrc0000.html
Sexual Education for Physically, Emotionally, and Mentally Challenged Youth (Advocates for
Youth)
– http://www.advocatesforyouth.org/PUBLICATIONS/frtp/challengedyouth.htm
Sex, Dating, and Disability: How to Help Youth Make Healthy Choices (IMPACT-ICI)
– http://ici.umn.edu/products/impact/192/over11.html
SIECUS Report: Sexuality Education for People with Disabilities
– http://www.siecus.org/_data/global/images/29-3.pdf
Sexuality of Children and Adolescents with Developmental Disabilities (Pediatrics)
Updated 11.27.11—incorp. MA’s comments
23
– http://pediatrics.aappublications.org/cgi/content/full/118/1/398
Human Sexuality Education for Children with Special Needs
– http://www.ejhs.org/volume10/MarshMedia%20White%20Paper.pdf
There’s no Place Like Home for Sex Education, versions available for English and Spanish
speakers and for Native Americans
– http://www.noplacelikehome.org/
Signs for Sexuality: A Resource Manual for Deaf and Hard of Hearing Individuals, Their
Families and Professionals
– http://hsdcstore.com/browseproducts/Signs-for-Sexuality.html
Health, Growth, and Development, comprehensive health curriculum made with Picture
Communication Symbols™ (PCS™) for students in grade 5-12
– http://www.mayer-johnson.com/ProdDesc.aspx?SKU=R3AT115
–
Enabling Romance: A Guide to Love, Sex, and Relationships for People with Disabilities, Ken
Kroll & Erica Levy Klein, No Limits Communication, 2001
The Ultimate Guide to Sex and Disability: For All of Us Who Live with Disabilities, Chronic
Pain, and Illness, Miriam Kaufman, MD; Cory Silverberg, and Fran Odette, Kleis Press, 2007
Just Between Us: A Social Sexual Guide for Parents and Professionals with Concerns for
Persons with Developmental Disabilities, Edwards and Elkins, Ednick Communications, 1988.
Parents, Families, and Friends of Lesbians and Gays (P-FLAG)
Couples with intellectual disabilities talk about living and loving. Melberg Schwier, K. 1994,
woodbine press.
Sexuality Education for Adults with Developmental Disabilities. Katherine McLaughlin, Karen
Topper, Jessica Lindert, Planned Parenthood of Northern New England.
IMPACT Feature Issue on Sexuality and People with Intellectual, Developmental, and Other
Disabilties. ICI U of MN. http://www.
For resources and information on the issue, contact Planned Parenthood at 1.800.230.PLAN
or go to http://www.plannedparenthood.org/rocky-mountains/
Author Dave Hingsburger, “Just Say Know” daveandjoe@hotmail.com or to order his books
go to www.diverse-city.com
Disabled does not mean asexual. Everyone, including you, deserves a great sex life. Whether it is for
sex with a partner or for sex all by yourself, MyPleasure.com is our preferred supplier of vibrators,
lubricants, and non-mechanical sex enhancement and masturbation aids for men and women. They
offer the products you desire in a clean, safe, and discreet environment.

Sexuality Products for Men
Updated 11.27.11—incorp. MA’s comments
24
Handpicked products designed specifically for men.

Sexuality Products for Women
Vibrators, lubricants and more for women. http://www.disabilities-r-us.com/sexuality.html
Guide to Getting it On—Sexuality and Disability—stick to resources for persons with DD?
Add Hingsburger and Hoyle stuff…..
Updated 11.27.11—incorp. MA’s comments
25
CO DD COUNCIL
POLICY ON SEXUALITY
Appendix 3
RESOURCES
Updated 11.27.11—incorp. MA’s comments
26