Considering an early post in this thread, if one is a guardian, it seems to me that any decision which might benefit or gratify the guardian ought to be deferred for conflict of interest. The guardian had no right to give sexual consent on behalf of the patient. Indeed, under what circumstances would we accept that anyone could give sexual consent on another person's behalf? (The mythical Book of Genesis, of course, notwithstanding.)
Secondly, it's rather strange what lengths some people will attempt to justify such behavior. Of course, as some of these are men, they're probably looking to improve their chances of getting some.
Third, if the police violated the expectation of privacy, then the exclusion of evidence is proper, and this guy—at least as I see it—gets away with rape.
One thing missing from the article is whether anyone bothered to get a medical opinion on the advisability of the act beforehand. "Expressions of love"? "Trying to bring her back to consciousness"? Who knows? Stranger things have happened. But did anyone ask a doctor before he climbed on board?
The case is not entirely without justice, though. David W. Johnson will henceforth be known as the man who needed his wife to be in a coma in order to get some.
("Divine Savior Nursing Home"? Awesome. And yes, there is humor in the morbid.)