Posted on 09/14/2008 12:43:42 PM PDT by BGHater
Why isn’t the husband the patient’s guardian? There is something missing here.
Why isn’t the husband the patient’s guardian? There is something missing here.
Well, now how exactly is she in "danger" if her husband of 17 years, who visits her every day, is having sex with her? The article says she is 54 years old, so risk of pregnancy is probably nil and he certainly wasn't beating her or otherwise physically harming her.
Not saying I condone the guy's actions, but he might have thought he was trying everything to bring her out of a vegetative state. Amazed that the staff did not say something to him first, before calling the cops.
Why isn’t the husband the patient’s guardian? There is something missing here.
I suppose he was up until he was arrested
You kicked the bed.
No I didn't.
"Danger" isn't an element to the crime of rape. Sex without consent is. A comatose woman isn't able to consent, and you can't claim, "well, she would have if she wasn't comoatose." That's legally irrelevant.
If he had been causing her physical injuries I could understand the hospital's concerns. But there was no mention of that. Just the vague statement "fearing she was in danger." In danger of what wasn't stated here. The only other possibility I can see is a case for emotional distress. But how do you cause a comatose person emotional distress?
Barring any objective physical harm to her I don't think this was a matter for the authorities to intervene in. At least not a criminal case. The argument might be made that he should have been quietly confronted and offered some kind of counseling due to the harm he might be doing to himself from not accepting reality.
It could be debatable that he was detached from reality though. No one really knows what awakens people from comatose states but they do sometimes and I don't think sensory and emotional stimulation have been rejected as causes. He was attempting to apply both. Had he succeeded I don't think anyone would be unhappy with him now. Least of all her.
Seriously, remain celibate for the rest of your life in honor of her memory—don’t bang a nearly dead chick.
What’s wrong with you people?
She did at the time they became married. I know my wife would want to be able to take care of my needs if she were in a similar situation, just ask her if you don't believe me. I don't know that I would necessarily avail myself. But a marriage is a vow of cleaving unto each other as one flesh. I guess that faithfulness to a spouse is only necessary if she's not comatose, and you should just take matters into your own hands, get a grip. These days, marriages are created and destroyed more often than Microsoft releases new operating systems, so it's no wonder there is no concept of what marriages are all about.
18 U.S.C. 2242(2)(B) is dealing with prisoners, not spouses, nor any other free person.
What’s wrong with you people?
I suspect we've had long-term loving relationships with our spouses.
If you're lucky, and I really mean that, in 20 years you'll understand.
Additionally, most states have identical provisions.
Please. In the same situation I would hope that the memory of my wife’s dignity would prevent me from attempting familial relations with a motionless comatose patient.
Please. In the same situation I would hope that the memory of my wife’s dignity would prevent me from attempting familial relations with a motionless comatose patient.
Might have gotten enough to buy 1/2 tank of diesel.
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