In an Iowa courtroom, an astonishing case of sex and Alzheimer’s

Discussion in 'Law & Justice' started by Nike Borzov, Apr 7, 2015.

  1. Nike Borzov

    Nike Borzov Banned

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  2. waltky

    waltky Well-Known Member

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    Dextromethorphan and quinidine cocktail can help caregivers better cope with Alzheimer's patients agitation...
    :thumbsup:
    Drug Combination Reduces Agitation in Alzheimer's Patients
    September 26, 2015 | WASHINGTON — Dementia is a global problem that will only increase as people live longer. The World Health Organization says most of the burden, in terms of care giving, cost of medications, and loss of income due to care-giving, will fall on low to middle income countries. Last March, the WHO held a conference calling for global action on dementia.
     
  3. JakeJ

    JakeJ Well-Known Member Past Donor

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    He was found not guilty.
     
  4. perdidochas

    perdidochas Well-Known Member

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    I think it's absurd to charge the man. I think the daughter didn't like her new stepfather, and she got him, but good. Glad to hear he was found not guilty (according to post #3)
     
  5. Anders Hoveland

    Anders Hoveland Banned

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    So what? Is he going to be arrested again after every time he has sex with his wife?
     
  6. willburroughs

    willburroughs Well-Known Member

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    She is dead. She died 2 months after the last time they had sex. Which, if you had even a tiny inkling of knowledge of late stage Alzheimer's and dementia, and were not an incessant troll, would know that she was no more capable of consenting to the sex as would an infant. Not to mention that prior to that last rape, he was informed that she was no longer capable of consenting.

    Leads me to the logical conclusion that you are turned on and approve of non-consensual sex.
     
  7. Anders Hoveland

    Anders Hoveland Banned

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    So that's it? Once somebody has severe Alzheimer's they are never allowed to have sex with anyone again?
    It's not like the woman in this case was saying "No, no, no!"

    It was her husband, for goodness sakes. She said yes to sex with him before.
     
  8. Anders Hoveland

    Anders Hoveland Banned

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    Or is it like sex between two fifteen year olds? where you're allowed to have sex as long as neither party can give their legal consent
    I mean suppose two Alzheimer's patients are in the same room and they have sex. Do they both get charged with sexual assault? (since supposedly neither can give their consent)
    Does someone with severe Alzheimer's have to break up with their husband and find a different partner so their old husband won't get in trouble?
    I don't know, this just seems a little ridiculous...
     
  9. waltky

    waltky Well-Known Member

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    Granny likes to go to Capt'n D's on Sundays an get the senior special...
    :grandma:
    Less Alzheimer’s Seen in Elderly Who Consumed Fish
    February 03, 2016 - Eating seafood has a number of well-known health benefits. The vitamins and minerals in fish protect against heart disease and stroke and are good for brain development.
     
  10. waltky

    waltky Well-Known Member

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    Gum disease link with Alzheimer's...
    :confusion:
    Gum disease link to Alzheimer's, research suggests
    Thu, 10 Mar 2016 - Gum disease is linked with a greater rate of cognitive decline for people with Alzheimer's Disease, research suggests.
     
  11. Imnotreallyhere

    Imnotreallyhere Well-Known Member Donor

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    So of course that means she has to say yes every time. Good one!
     
  12. Imnotreallyhere

    Imnotreallyhere Well-Known Member Donor

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    That isn't the case here. She was not competent to consent. Her husband understood that.
     
  13. JakeJ

    JakeJ Well-Known Member Past Donor

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    He was a minor elected official and the case was simply to embarass him as a political tool. He was found not-guilty of course, but the public embarassment and the emotional distress of a trial, plus tens of thousands of dollars in lawyer fees are an example of how easy it is to use the criminal justice system for the foulest of political motives.
     
  14. JakeJ

    JakeJ Well-Known Member Past Donor

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    Do you always ask for precise and clear spoken consent outloud before each and every kiss? Every time of sex? If, not, then by your words regardless of your gender you are either an assailant or a rapist yourself by your messages. But since I do not agree with your reasoning, it is only you, not me, declaring you committed such crimes.
     
  15. JakeJ

    JakeJ Well-Known Member Past Donor

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    The wedding vows between us are HIGHLY unusual (and were long). She specifically gave me both her perpetual consent and request to anything and everything, no matter what it is or might be, and specifically that not only is asking not required, but specifically that I do not ask because consent and request already given and that it would never be retracted.

    This was a junk case. Using absurd PCism as a political weapon, nothing else.
     
  16. FreshAir

    FreshAir Well-Known Member Past Donor

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    that is crazy, it's his wife, and just cause one has Alzheimer doesn't mean they do not consent to sex every once in a while... totally crazy to arrest the husband

    I agree with the article

    “… Any partner in a marriage has the right to say no. What we haven’t completely understood is, as in this case, at what point in dementia do you lose the right to say yes?”

    she still has the right to say "yes"

    .
     
  17. JakeJ

    JakeJ Well-Known Member Past Donor

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    Most marriage vows have "to have and to hold," which meant sex, and "as long as we both shall live" or "til death do us part." That's called "request and consent." Consent given exists until it is retracted. Otherwise, even during a sex, both would have to rapidly continuously be saying "do you consent to continue with sex? I do. Do you consent to continue with sex? I do. Do you consent to continue with sex? I do" non-stop. With this being audio recorded.
     
  18. Imnotreallyhere

    Imnotreallyhere Well-Known Member Donor

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    My wife is competent to consent. This is not the case between this man and his wife. My wife is not shy about telling me no. Nor is she shy about telling me yes.

    This man's wife is not competent to consent. Having sex with her is statutory rape not forcible rape. It is not the same case. Should a twelve year old consent to sex with an adult, it is still rape on the adult's part.

    What you posted has no bearing on the case.
     
  19. Imnotreallyhere

    Imnotreallyhere Well-Known Member Donor

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    This is a crock that will hold no legal water and I hope you know it. Consent can always be revoked and the case of mental incompetence is assumed to be revoked. Check with a prosecutor if you don't believe me.

    Really? Protecting the incompetent is a political weapon? Do you think those afflicted with Down's syndrome can consent? What about the insane? Five year olds? The line needs to be drawn and I think it should be drawn high.
     
  20. Imnotreallyhere

    Imnotreallyhere Well-Known Member Donor

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    Nah, not really. And as far as the gov't is concerned, marriage is a contract concerning property rights, not sex. Before you deny that, consider that this is the idea on which gay marriage is based.

    Not really. Marriage is a contract in a legal sense and has no bearing on sex. There are countries that do not recognize marital rape as a crime, but the US is not one of them.

    Really? You must have been paranoid with your premarital sex partners. Did you have any? Did you have any more than once?Your assertion is bizarre, bordering on the unpleasantly kinky.
     
  21. JoakimFlorence

    JoakimFlorence Banned

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    I think the standard for what constitutes rape is much higher when it is within the confines of a marriage.
    If the wife says "I don't know, I don't feel like having sex tonight", and the husband has sex with her anyway, that's not really "rape".
     
  22. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Another similar case:

    UK man banned by judge from having sex with wife of 20 years

    A British man may reportedly be barred from having sex with his wife of 20 years because social services bosses claim she no longer has the mental capacity to consent.

    Officials told the Court of Protection in London - which specializes in cases involving people who lack the mental capacity to make decisions - the unidentified woman’s mental health has deteriorated to the point that she no longer has the ability to consent.

    According to Sky News, the attorneys representing social services bosses are requesting the judge consider barring the woman’s husband from continuing to have sex with his wife to ensure she is not raped.

    Judge Sir Anthony Hayden said the couple could not be identified in media reports, so it was not clear how old either the husband or wife is or what the wife's mental health issue is.

    The man reportedly told the judge at a preliminary hearing that he would give his pledge not to have sex with his wife.

    However, the judge suggested the man might be put in a situation where he could face prison if he breached the pledge or an order by the court. He added that such an order would be difficult to police.

    "I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife -- and the right of the state to monitor that -- I think he is entitled to have it properly argued," Hayden said, according to Sky News.
    https://www.foxnews.com/world/uk-judge-to-consider-banning-man-from-having-sex-with-wife-of-20-years
     
    Last edited: Apr 1, 2019
  23. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    original article in the Opening Post:

    It was an unexpected second chance at love for Donna Lou Young and Henry Rayhons, both past 70 at the time of their wedding.

    "They were two good people who were good together," the couple's pastor recalled.

    After a four-year battle with Alzheimer’s, Donna Lou Rayhons died in a nursing home in August, just four days shy of her 79th birthday. A week later, Henry Rayhons was arrested and charged with sexual abuse. State prosecutors accused him of having sex with his wife while she was incapacitated by dementia.

    Rayhons’s trial, which begins Wednesday, is a rare and possibly unprecedented examination of a little-explored aspect of consent. While much of the discussion about rape these days swirls around the influence of drugs, alcohol and the culture on college campuses, this case asks a much different question: When is a previously consenting spouse suffering from dementia no longer able to say yes to sex?

    Katherine C. Pearson, who teaches and writes about elder law at Penn State’s Dickinson School of Law, said that this is the first case of its kind she’s seen in more than 20 years of working in the field. "This is maybe the last great frontier of questions about capacity and dementia," she said. "Any partner in a marriage has the right to say no. What we haven’t completely understood is, as in this case, at what point in dementia do you lose the right to say yes?"

    Friends and family say that Donna Lou and Henry Rayhons, a member of the Iowa House of Representatives from 1997 until this year (2015), were besotted with one another throughout their relationship. She often accompanied him to the state Capitol in Des Moines. He bought her dresses and acquired a bee suit so he could join her in her beekeeping. "He treated her like a queen," Charity McCauley Andeweg, who clerked for Rayhons.

    But a few years into their marriage, Donna was diagnosed with early-onset Alzheimer’s. She suffered headaches and forgetfulness, drove on the wrong side of the road and once put a single sock into the dryer instead of a full load of laundry.

    On March 29, Donna was moved to Concord Care Center in Garner, Iowa, a five-minute drive from her home with Rayhons. Rayhons reportedly resisted the move and clashed with Donna’s daughters - both from her first marriage - over how she should be cared for at the facility.

    In May, Dunshee and Donna’s other daughter, Suzan Brunes, met with Concord staff and drew up a care plan for Donna. At the meeting, the women and doctors concluded that Donna was no longer able to consent to sex, a fact Rayhons was informed of.

    But a week later, on May 23, surveillance video showed Rayhons spending about 30 minutes in his wife’s room. When he left, he was holding her underwear, which he dropped into a laundry bag in the hallway.

    Donna's roommate told nursing home staff that Rayhons had come into the room and closed a privacy curtain around his wife’s bed. She then heard noises indicating that Rayhons was having sex with Donna.

    I'm including excerpts of the article here in case the links stop working in the future, which seems to be a common thing, since these become old stories after a few years. Also some people may have difficulty accessing the link because of slow internet connections and some of these news sites taking too long to load.
     
    Last edited: Apr 1, 2019
  24. willburroughs

    willburroughs Well-Known Member

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    Tranlsation: jakej relies on the, 'she didn't say, 'No', argument when he has sex with infants.
     

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