having sex with wife who suffers from alzheimers = "rape"

[silver03svt]

Consent can change with time and conditions. Being "with" someone doesn't automatically give them the right to have sex with you whenever they feel like it IMO. People change, situations change, and with that so does consent.

Agreed. But a doctor stated that she was unable to give consent. It does not mean that at the time she was alone with her husband that she did not give consent. I can understand his want and desire to be with his spouse before she totally does not recognize him, BUT it was a poor decision on his part.

You think a piece of paper automatically equals consent ?

No. I was simply asking a question of the person I was quoting. Nowhere did I say that a piece of paper equals consent. However, when it comes to my bank account, my wife seems to think it does.

No means No

This.

I feel like I'm being trolled. I hope that you're not serious.

Yes, it was a serious question. I never said it was MY viewpoint though. It was only a question I posed as a topic of discussion.

 

[Double"O"]

Wow...

Oh and is it Dementia or is it Alziemers?....they ARE NOT one in the same

Also sounds like the daughter had a serious problem with the dude...damn.

 

[SID297]

There seems to be a few things at play here. First, it doesn't appear that the husband and daughter get along very well. Second, the prosecutor (who I feel is reaching here) has to prove that the wife was incapable of consenting at the time of the sexual contact. Any one who has had a family member with dementia knows they have good days and bad days, and there's no telling when they are going to have either. So this is going to come down to a battle of experts and I doubt there's one that happened to examine her just before the deed. Barring the wife being in a vegetative state at the time I don't see how any half decent lawyer couldn't show reasonable doubt in this case. If I were the prosecutor here I would most likely not waste the tax payer's money prosecuting an old man who just lost his wife for a crime that I most likely could not prove beyond a reasonable doubt actually took place.

 

[CobraRed01]

Consent can change with time and conditions. Being "with" someone doesn't automatically give them the right to have sex with you whenever they feel like it IMO. People change, situations change, and with that so does consent.

+1

 

[Thump_rrr]

There seems to be a few things at play here. First, it doesn't appear that the husband and daughter get along very well. Second, the prosecutor (who I feel is reaching here) has to prove that the wife was incapable of consenting at the time of the sexual contact. Any one who has had a family member with dementia knows they have good days and bad days, and there's no telling when they are going to have either. So this is going to come down to a battle of experts and I doubt there's one that happened to examine her just before the deed. Barring the wife being in a vegetative state at the time I don't see how any half decent lawyer couldn't show reasonable doubt in this case. If I were the prosecutor here I would most likely not waste the tax payer's money prosecuting an old man who just lost his wife for a crime that I most likely could not prove beyond a reasonable doubt actually took place.

It will not go well for the defense if she was already declared incapable to make her own medical or financial decisions.
This will show diminished capacity. There are standardized test used by doctors of Dementia patients.
This would prove how far her ability to comprehend has progressed over time.

PS: Alzheimer's is a form of Dementia.

 

[RedRocketMike]

I believe the case is a waste of time but find the act weird and in poor taste. An advanced AD patient really is not present. I wouldn't charge him, the publicity is punishment enough.

 

[silver03svt]

It will not go well for the defense if she was already declared incapable to make her own medical or financial decisions.
This will show diminished capacity. There are standardized test used by doctors of Dementia patients.

PS: Alzheimer's is a form of Dementia.

Yes, it will be tough for the defense, but at the same time the prosecution cannot rule out the fact that MAYBE the wife did give consent to the husband prior to it happening. That will be the deciding factor in the case. And since now the wife is deceased, she cannot testify to it being consensual or to it being non-consensual. Unless you are dealing with a charge involving the death of a person, then not having a living victim to testify is going to leave a LOT of holes for both sides.

 

[03cobra#694]

You're arguing with a attorney.

 

[SID297]

It will not go well for the defense if she was already declared incapable to make her own medical or financial decisions.
This will show diminished capacity. There are standardized test used by doctors of Dementia patients.
This would prove how far her ability to comprehend has progressed over time.

PS: Alzheimer's is a form of Dementia.

If the prosecution's experts can not testify that she was medically incapable of having periods of lucid understanding there is reasonable doubt.

 

[94_Vert]

The defense should be able to challenge the doctors that gave the 'unable to give consent' diagnosis. Unless he/she was a neurologist, most likely just a general practitioner, it should be fairly easy to get charges dropped.

 

[mc01svt]

I feel like I'm being trolled. I hope that you're not serious.



That is already an established standard. The inability to consent is the same as saying "No". See any rape case involving a drunk girl passed out at a party.

some creepy dude banging some random drunk chick at a party is a little different than a husband having sex with his wife who may or may not have been mentally incapacitated. oke:

 

[lobra97]

bury it deep bro #yolo

 

[Tx5811]

Consent can change with time and conditions. Being "with" someone doesn't automatically give them the right to have sex with you whenever they feel like it IMO. People change, situations change, and with that so does consent.

Marriage is consent. Read the bible. And while ur at it leave my state. California seems a good fit lol

 

[Thump_rrr]

The defense should be able to challenge the doctors that gave the 'unable to give consent' diagnosis. Unless he/she was a neurologist, most likely just a general practitioner, it should be fairly easy to get charges dropped.

I guess I have been fortunate to have one of the top Alzheimer's doctors in Canada treating my mother.
Probably the nicest doctor I have ever met.
I assumed every Alzheimer's patients were treated by specialists.
http://www.douglas.qc.ca/researcher/serge-gauthier?locale=en

 

[03cobra#694]

Marriage is consent. Read the bible. And while ur at it leave my state. California seems a good fit lol

She'll kick your butt, so I doubt she leaves.

 

[Repth]

Marriage is consent. Read the bible. And while ur at it leave my state. California seems a good fit lol

No, it's not, and you clearly haven't even read the bible yourself. This state is not yours, and THANK GOD for that!

 

[silver03svt]

No, it's not, and you clearly haven't even read the bible yourself. This state is not yours, and THANK GOD for that!

Actually, in the days of the Old-Testament, when women were treated as mere property, marriage was considered consent. Things have changed dramatically since the days of old though.

 

[Repth]

Actually, in the days of the Old-Testament, when women were treated as mere property, marriage was considered consent. Things have changed dramatically since the days of old though.

Absolutely in the old testament. I don't think many Christians nowadays actually live by the old testament laws, though.

 

[silver03svt]

Absolutely in the old testament. I don't think many Christians nowadays actually live by the old testament laws, though.

Well, last I checked, the Old Testament was still a part of the Bible.

 

[Repth]

Well, last I checked, the Old Testament was still a part of the Bible.

Last I checked, the bible makes it pretty clear that old school mosaic law does not govern after jesus establishes the new covenant.