An 89-year-old female patient with a background of moderate Alzheimer’s Dementia attends the Emergency Department due to a fall. On taking a history from the patient, they ask you for emergency contraception. They disclose that they have been engaging in a sexual relationship with one of the care staff at the care home in which they reside.
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What is the next most appropriate action(s)?
You assess the patient to not have capacity at this time. She cannot remember the name of her assailant but describes ‘a few’ incidences of vaginal penetration with a foreign object whilst she was being helped with bathing.
How is this described by the Sexual Offences Act 2003?
You have completed a full history and examination and have flagged the case to the most senior clinician in the department.
What legal justification might they use to share this information with the police and social services without patient consent?