The commission is an independent and highly distinguished body, set up in to examine areas of the law that need to be reformed. The purpose was to protect people who have an intellectual disability from exploitation or abuse — but the consequence was to make sex between two adults who have an intellectual disability a crime. But on the other hand, this lack of legal capacity is often permanent. Moving walls are generally represented in years. One standpoint is that those with learning disabilities should not be prevented from having sex, because it is pleasurable and a core element of being human. Crime and the law DE is a man of 36, with a learning disability. But there the matter rested. DE said he did not want any more children. That group is adults who have an intellectual disability. While one can understand the court reaching the conclusion it did, on pragmatic grounds, this ruling has an air of smoke and mirrors about it. This should give us pause. DE lived with his devoted parents, who over the years had enabled DE to develop a modest degree of autonomy, such as walking to the gym with a friend, or travelling to a day centre on a bus by himself. In addition to its report, the Law Reform Commission has published a draft bill to help them along. Again, this convenient development does not seem altogether convincing. It has published nearly reports that have led to all sorts of changes. It is time to have a more open and democratic debate about whether and when our society deems it acceptable for the mentally disabled to have sex and start families, instead of leaving such decisions to be made behind closed doors by unelected judges.