Sex with comatose wife

Let's say the husband is the legal guardian (in this case he wasn't) and he can give consent to himself....

On the other hand, the sister who was the guardian didn't object. So basicly the guy did have consent...

P.S.: I just told my wife she can have sex with me if I am in coma.
 
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Legal guardian? Bollocks! Why does slipping into a coma rob her of her human rights? She is being abused and taken advantage of.
 
She didn't say no, they're married, seems fine to me.

Her not saying no is not a good argument. She can't say no, she's in a coma. That's like saying that a man can have sex with a woman who gets drunk and passes out because she didn't say no.

The married thing made me think a little bit. They've been married since 1988 according to the article. That's a very long marriage. She probably would consent if she could. However, she can't, so even in this case her consent can't be assumed.
 
She probably would consent if she could. However, she can't,

But her legal guardian can... As long as the guardian didn't complain (and she didn't), consent was given...
 
But her legal guardian can... As long as the guardian didn't complain (and she didn't), consent was given...

Hmm yeah that is true. I guess they technically can't do anything to him, then. It's just a very unfortunate situation for the wife.
 
firstly this case proves how fucked up your rules of evidence are but anyway

there is only one concent that she could have filed out which would make this not assult. enduring power of guardianship alows apsolute control over someone in a way that all other forms dont, it has vertually unlimited medical power (with one exception) and apsolute social power so if she had filled this out and either a) given her sister power over her body or b) specifically stated in the form that this was acceptable then he wouldnt be guilty of sexual assult.

in this case its harder though to judge because i dont know the guardianship rules for the US and we dont know wether guardianship was granted by the courts or by her and if by her what instructions she left
 
But her legal guardian can... As long as the guardian didn't complain (and she didn't), consent was given...
A guardian should be guarding. If I am the guardian of my retarded 21 year old daughter I cannot tell my friends it's ok to have sex with her, even if she seems not to like it.
 
Her not saying no is not a good argument. She can't say no, she's in a coma. That's like saying that a man can have sex with a woman who gets drunk and passes out because she didn't say no.

The married thing made me think a little bit. They've been married since 1988 according to the article. That's a very long marriage. She probably would consent if she could. However, she can't, so even in this case her consent can't be assumed.

That's the key point. You cannot assume consent.

I would not want to be used sexually even by someone I loved if I were in a coma.

You also have to wonder about his mental state, that he would want to have sex with someone comatos.
 
You also have to wonder about his mental state, that he would want to have sex with someone comatos.

I completely agree. They can't assume she'd be ok with it.

Ugh, I know...that really disturbed me...who would even want to do something like that?
 
I would think that doing that would be very wrong because she doesn't understand what's being done to her. I don't think that anyone has the right to have sex with comatose people because you are violating their rights when you do so. Just because they are married doesn't give the husband the right to have sex with his wife anytimne he wants whether she's comatose or awake.
 
The woman's sister, who is now her legal guardian, is upset that prosecutors brought charges against him, Kelly said.

"She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness," Kelly said.


While in college I worked at a nursing home. Every weekend a guy came after work to pick up his wife who had Alzheimer's. She waited by the door every Friday night acting like a girl on her first date. We knew he was taking her home for sex and considering her mental state, was she really capable of giving consent? Was it disgusting of him?
The nursing home did nothing about it. I agree with their decision.
 
The woman's sister, who is now her legal guardian, is upset that prosecutors brought charges against him, Kelly said.

"She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness," Kelly said.


While in college I worked at a nursing home. Every weekend a guy came after work to pick up his wife who had Alzheimer's. She waited by the door every Friday night acting like a girl on her first date. We knew he was taking her home for sex and considering her mental state, was she really capable of giving consent? Was it disgusting of him?
The nursing home did nothing about it. I agree with their decision.

Umm...she wasn't unconcious.
 
Umm...she wasn't unconcious.

but was she able to give consent? She had Alzheimer's. Did she even know who she was. A lot of times I don't think so. I think he was just continually hoping she would remember.
Kinda like the guy having sex with his comatose wife.
 
but was she able to give consent? She had Alzheimer's. Did she even know who she was. A lot of times I don't think so. I think he was just continually hoping she would remember.
Kinda like the guy having sex with his comatose wife.

We don't know what his reasons were for having sex with her. There's no way to know that. Or to know whether or not she would have approved of her husband having sex with her comatose body. So given that, they can't assume she would consent. Legally, you can not do that.
 
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