She lacks the mental capacity to consent according to her doctor -- who examined her and says she doesn't know what the words "sock" or "bed" mean. She cannot consent because she doesn't understand what consent even is!
She does not have the mental capacity to consent. As a society, we have decided that people without the mental capacity to understand the decision making involved with sex cannot have consensual sex. This applies to people not of age, and people with a mental defect of some kind - which applies to the OP. Surely she has as many rights under the law as a 13 year old.
Are you arguing that her doctor is wrong and that she CAN in fact consent, even though she cannot define simple words like sock and bed? Or are you saying that her ability to consent does not matter?
No. You are dead wrong. That issue is FAR from decided and many mentally disabled people have sued, and won, the right to marry, have boyfriends/girlfriends--and have sex.
It depends on their level of disability. Surely the people you are referring to, who are mentally disabled and married, can define simple words like sock and bed. This woman cannot. And no. The profoundly mentally disabled, whose care is in the hands of others, are not the ones getting married. The mentally disabled, who are living in a home because they lack the basic skills to care for themselves are NOT being given permission to marry. Those you refer to have more basic life skills than the woman in the OP.
Irrelevant, and, as it happens, you don't know where she might fall on that spectrum, anyway. Who are you to deny her, or anyone the joy of human intimacy? That's just cruel.
The best indicator of future behavior is past behavior. There is ZERO reason to assume she would not have wanted her loving marriage to continue.
I am confident that the fact that she cannot define words like bed, sock, and blue, shows us exactly where she is on that spectrum. She has a negligible IQ at this point. She cannot give consent.
I am not saying he is a typical rapist. I am sure he means well and is trying desperately to connect with her in any way he can. But he is having sex with a shell of a person at this point. Any reaction on her part is purely a "primal response" according to her doctors. This isn't intimacy. Its a one sided transaction and I can't understand why her husband would want that.
And the fact that he is having sex with her while another person is in the same room, on the other side of the curtain, is sure to make that other person uncomfortable and likely the reason he was asked not to visit her in her room. He is free to visit with her in the common area.
Who does this?
flan
You are arguing against yourselves. If the reason he wasn't allowed to enter her room was the discomfort of a potential roommate, then you admit it has nothing to do with what went on between the couple. Make him pony up for a private room. Problem solved.
-- Edited by huskerbb on Tuesday 14th of April 2015 02:01:10 PM
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
__________________
America guarantees equal opportunity, not equal outcome...
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
I would've answered but OhFour said it great.
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
I would've answered but OhFour said it great.
Sorry....didn't mean to inject myself. I do that...I just respond to posts no matter who they address. It's my ONE flaw.
__________________
America guarantees equal opportunity, not equal outcome...
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
__________________
America guarantees equal opportunity, not equal outcome...
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
I would've answered but OhFour said it great.
Sorry....didn't mean to inject myself. I do that...I just respond to posts no matter who they address. It's my ONE flaw.
No problem I appreciate it. I would have said basically the same thing and added that he didn't throw her underwear away he threw them in the laundry...
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
Maybe not in that facility, but I bet they could have found one.
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
Maybe not in that facility, but I bet they could have found one.
Garner Iowa has a population of 3,000. I highly doubt there are more than a couple of nursing homes there...
__________________
America guarantees equal opportunity, not equal outcome...
They should have no say in whether the man or woman who doesn't have dementia has sex with their partner. It was the stepdaughter obviously who had the problem with it, not the nursing home until stepdaughter stuck her nose into it. What if your (general you) stepdaughter or stepson did this to you in your old age. You'd not be happy I'm quite sure.
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
Maybe not in that facility, but I bet they could have found one.
Garner Iowa has a population of 3,000. I highly doubt there are more than a couple of nursing homes there...
Oh good grief. Sometimes you might have to go 15 miles down the road.
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
They should have no say in whether the man or woman who doesn't have dementia has sex with their partner. It was the stepdaughter obviously who had the problem with it, not the nursing home until stepdaughter stuck her nose into it. What if your (general you) stepdaughter or stepson did this to you in your old age. You'd not be happy I'm quite sure.
Yeah. That's why my wife and I aren't getting remarried if something happens. Ridiculousness such as this.
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
Maybe not in that facility, but I bet they could have found one.
Garner Iowa has a population of 3,000. I highly doubt there are more than a couple of nursing homes there...
Oh good grief. Sometimes you might have to go 15 miles down the road.
Map Garner. It's in the middle of NOWHERE. I live in a town of 68K and we have two nursing homes. I either have to go 30 miles south or 30 miles north to get to any others. Since he wanted to see her every morning and every night, moving that far is not an option...
__________________
America guarantees equal opportunity, not equal outcome...
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
flan
Yep. Sounds like the daughter was being a busy-body. She did not have guardianship at that time and no basis for limiting time with a lawful spouse - she was interfering. And she's the one who brought up the sex. It was a RECOMMENDATION - not an order. What is wrong with people?
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
I've posted the quote where he said he didn't have sex with her in the double room but they lied and told him they had it on film. That's when he said "then he must have". I've also posted the quote where the doctor said intimacy was GOOD for people with dementia. I guess I'm glad flan is not running the world because anything she finds distasteful is wrong and anything she agrees with is right whether that's true or not.
So the nursing home should have NO rules whatsoever?
Why did he throw her underwear away? Why did the staff support the daughter?
flan
Your roommate should not be able to say who your guests should be. If he wasn't a threat to the roommate, they had no right to tell him he could not be in the room. And when he defied them, they supported the daughter. They were wrong.
But if that is the argument, then just make him get a private room for her.
That may not have been an option...
Maybe not in that facility, but I bet they could have found one.
Garner Iowa has a population of 3,000. I highly doubt there are more than a couple of nursing homes there...
Oh good grief. Sometimes you might have to go 15 miles down the road.
Map Garner. It's in the middle of NOWHERE. I live in a town of 68K and we have two nursing homes. I either have to go 30 miles south or 30 miles north to get to any others. Since he wanted to see her every morning and every night, moving that far is not an option...
My dad ended up in a home 70 miles away and my mom went there almost every day.
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
flan
Yep. Sounds like the daughter was being a busy-body. She did not have guardianship at that time and no basis for limiting time with a lawful spouse - she was interfering. And she's the one who brought up the sex. It was a RECOMMENDATION - not an order. What is wrong with people?
There were also instances where he took her on longer trips than was recommended.
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
flan
Yep. Sounds like the daughter was being a busy-body. She did not have guardianship at that time and no basis for limiting time with a lawful spouse - she was interfering. And she's the one who brought up the sex. It was a RECOMMENDATION - not an order. What is wrong with people?
There were also instances where he took her on longer trips than was recommended.
flan
SO? What does recommend mean to you? It's recommended that I not smoke or drink diet coke. Who the eff cares about recommendations?
__________________
America guarantees equal opportunity, not equal outcome...
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
flan
Yep. Sounds like the daughter was being a busy-body. She did not have guardianship at that time and no basis for limiting time with a lawful spouse - she was interfering. And she's the one who brought up the sex. It was a RECOMMENDATION - not an order. What is wrong with people?
There were also instances where he took her on longer trips than was recommended.
flan
Yeah, he took her to church. So what if he took her on trips? He's her husband and is allowed to take her if he wants. Are you trying to say that's a bad thing too?
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
Mrs. Rayhons, who died in August, was placed in the Concord Care Center in March 2014, soon after one of her daughters, Linda Dunshee, was called to pick her up at the Iowa State Capitol, where Mr. Rayhons was working. Ms. Dunshee found her mother wearing lingerie and unzipped pants under her coat.
Ms. Dornbier testified that the Concord Care Center allows consensual sex between residents. But she said that on May 15, 2014, family members including Mr. Rayhons were given a “care plan” establishing simple routines for Mrs. Rayhons, including limiting outings with Mr. Rayhons, mostly to church on Sunday.
Ms. Dornbier, prompted by what she called concerns from Mrs. Rayhons’s daughter Suzan Brunes, that Mr. Rayhons was engaging in inappropriate sexual contact, wrote at the bottom of the plan: “Given Donna’s cognitive state, do you feel she is able to give consent for any sexual activity?”
The center’s doctor, Dr. John Brady, wrote: “No.” Mr. Rayhons was told the recommendation against having sex and indicated it would not be a problem, according to Ms. Dunshee.
flan
Yep. Sounds like the daughter was being a busy-body. She did not have guardianship at that time and no basis for limiting time with a lawful spouse - she was interfering. And she's the one who brought up the sex. It was a RECOMMENDATION - not an order. What is wrong with people?
There were also instances where he took her on longer trips than was recommended.
flan
So what?
__________________
I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
Mrs. Rayhons, who died in August, was placed in the Concord Care Center in March 2014, soon after one of her daughters, Linda Dunshee, was called to pick her up at the Iowa State Capitol, where Mr. Rayhons was working. Ms. Dunshee found her mother wearing lingerie and unzipped pants under her coat.
flan
Again, it's not the daughters business. She just didn't like what she found.
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―
Mrs. Rayhons, who died in August, was placed in the Concord Care Center in March 2014, soon after one of her daughters, Linda Dunshee, was called to pick her up at the Iowa State Capitol, where Mr. Rayhons was working. Ms. Dunshee found her mother wearing lingerie and unzipped pants under her coat.
flan
Called by whom?
This woman is dead, and they are pressing charges against her widower for having sex with her? That poor man.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.