She didn't say no, they're married, seems fine to me.
Why does slipping into a coma rob her of her human rights?
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...
She can't say no. A mute is not open season because she 'cannot say no'.Calm the fuck down. Everyone.
She didn't say no, they're married, seems fine to me.
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.But her legal guardian can... As long as the guardian didn't complain (and she didn't), consent was given...
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.
You also have to wonder about his mental state, that he would want to have sex with someone comatos.
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.
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.