Pong Messiah Posted December 10, 2014 Share Posted December 10, 2014 Read the whole article, please. What do you think? Link to comment Share on other sites More sharing options...
Cerina Posted December 10, 2014 Share Posted December 10, 2014 I don't believe there's going to be a blanket right or wrong answer here. But here are my general thoughts: If this woman has been determined to be unable to make decisions regarding her own health and safety, including acts of intimacy with her husband, then her random and occasional statements about not liking or hating her husband should also be considered unreliable. Especially when you consider that they were elicited by two women who were obviously building a case against him from day 1. I also personally believe that the default assumption of sexual consent between married individuals should be yes (in most cases, particularly in loving and healthy marriages). Of course anybody has the right to say no at any time for any reason, and their partner has a duty to respect that. I would never think to have my husband charged with sexual assault for initiating sex, for example, while I was sleeping, as long as it stops when he fails to gain my consent within a reasonable time. Part of this thinking on my part is influenced by my own belief that sex in a marriage is about more than achieving an orgasm. It's also an expression of love and intimacy. After years of consensual intimate sex, I find it reasonable to assume that without a clear no, the answer is yes. Though I believe the complete opposite when it comes to non-committed individuals. Link to comment Share on other sites More sharing options...
DANA-kin Skywalker Posted December 11, 2014 Share Posted December 11, 2014 Here are my thoughts on the case itself: The "confession" to having sex with his wife on such and such a date and place is unclear and inconclusive. He was clearly under duress by the investigator to incriminate himself, and gave muddled and unclear answers...proving nothing. The eye witness account of her roommate has credibility issues. First of all he didnt actually SEE anything. So what did he hear? Well...first he said the only thing he heard were sex sounds. What are those exactly? He needs to be more specific. Moaning? Bed rocking? No. He didn't say any of those things. He was old and senile to begin with, and changed his story to "hearing whispers". So who knows what happened. This guy doesn't have a clue. Because he lives in a nursing home. Duh. What about DNA? Well it proved his semen was in her body...but it's unclear for how long. They are married and have had sex numerous times. There was no physical harm to her body so not forced. All this proves is they had sex before, it doesn't even prove they had it on the night of the alleged rape. The only substantial evidence the prosecution has is the letter from her doctor stating she is unable to actually consent to sex, thus declaring any sex had nonconsentual. However, I think a good lawyer would rip the credibility of that letter apart. So little is known about the disease, it questions wether or not the doctor is actually in any position to make such a declaration. The article mentioned a differing expert opinion on the testing method used to make that determination. That expert said it's flawed...it tests short term memory, which has no impact on a person's ability to decide if they want sex or not. We are talking about her husband here, who, for the record, has been amazing to her in such a dark time in her life. He's not some random person. You need a lot more than a memory test to make such a bold declaration. After years of consensual intimate sex, I find it reasonable to assume that without a clear no, the answer is yes. Though I believe the complete opposite when it comes to non-committed individuals.Agreed. However the point here is, what if someone is suddenly unable to say no? Under your assumption, if that person was already married, it would essentially make them un-rapable. So, it's a lot more complicated here. Does a person have an innate right to sex in the first place? If so, wouldn't this scenario deny that right? If not, why not? Link to comment Share on other sites More sharing options...
Pong Messiah Posted December 16, 2014 Author Share Posted December 16, 2014 Nobody else? Link to comment Share on other sites More sharing options...
DANA-kin Skywalker Posted December 17, 2014 Share Posted December 17, 2014 I think the mental image of old geezers having sex has turned away a lot of customers, Pong. Maybe editing the title to something more exciting will pique more interest. Might I recommend: She can't remember if she married this dick or not Link to comment Share on other sites More sharing options...
The Human Torch Posted December 17, 2014 Share Posted December 17, 2014 Part of me feels like this could be the purest example of someone being offended on behalf of someone else. Another part of me knows sometimes we have to be offended on behalf of someone else. Having only the information presented, reading the article and comments, I think the only conclusion I can come to is that of reasonable doubt in regards to a crime being committed. Generally I'd argue for a period of observation with the couple (impossible here duh), more education of the illness be taught to and therapy be afforded to the husband and wife's family (as able). By observation I don't mean invasive Big Brothering or supervised visits, just observe them. I believe details to actual intent and relationship structure could be ascertained from observation and conversation... which is different than interrogation. Of course this specific couple can't be observed. Edit: Was tapping this out on my phone, then was interrupted by a call. All fixed now. Link to comment Share on other sites More sharing options...
Guest Posted December 18, 2014 Share Posted December 18, 2014 Is a person with dementia capable of consent? Yes. Was this woman? I have no clue. Nor do I know if they even had sex. Seems like a really stupid case and it makes me wonder what the story is behind it. How did someone decide to pursue charges? Link to comment Share on other sites More sharing options...
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