Wis. court: Cops illegally taped nursing home sex

[AlphaCentauri]

Source: AP

Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife, a stroke victim, at Divine Savior Nursing Home in Portage, the District 4 Court of Appeals ruled. Therefore, police violated his Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in the room, the court said.

"We are satisfied that Johnson's expectation of privacy while visiting his wife in her nursing home room is one that society would recognize as reasonable," the unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the videotapes as evidence in their case against Johnson, who is charged with felony sexual assault for having intercourse with his wife without her consent at least three times in 2005.



Read more: http://ap.google.com/article/ALeqM5jYO03-j28FS3FEhckzw6VmBZJXjQD934MSOO0

[madaboutharry]

1. I find this troubling on so many levels.

n/t

[davidinalameda]

8. that's so disturbing

I can't imagine anyone wanting to videotape this

[Javaman]

12. geriatric porn?

no words...

[TwilightGardener]

2. They are right to throw out the tapes--that is a privacy violation. However, that

dude is one sick pup. Hope they get him anyway.

[mike_c]

3. Must. Not. Snark.

It's really kind of sad.

[Warpy]

4. That's what I thought.

It's just plain sad.

I suppose it's his only way to feel contact with a woman who is no longer there, but it still has elements of necrophilia, also actual rape. It's one of those horrible grey areas and there is not enough information in this article about her prognosis, the state of their marriage before his stroke, and a lot of other things.

Still, since she didn't have the capacity to refuse, either, it will be hard to argue around the implied consent of marriage absent an objection from her before or after her stroke.

It definitely pushes the "oh, ick!" buttons, but questions needed to be asked before he was filmed and charges filed. After all, they violated the patient's right as much as they violated his.

[Straight Shooter]

5. I'm more concerned about her rights than his.

As far as the invasion of privacy via videotaping is concerned, though, I would think someone in charge of the investigation could have arranged to obtain a vaginal swab for evidence. I seriously doubt Mr. Johnson used a condom.

[skyounkin]

6. I feel sorry for the guy

and the wife......

I'm sure its a situation where you have to be in the shoes to see what he was thinking. He wants to remain faithful to his wife (I think).

My question, they police can't tape without a warrent? Who signed the warrent. This is a HUGE legal and ethical grey area, without even counting on the taping done by the police.

[Gwendolyn]

7. It is a grey area...

and the article says staff tipped off police fearing for the woman's safety. Couldn't some doctor or other trained professional on staff have taken him aside right away, told him of their suspicions with a cease and desist warning, plus point him to grief counseling and/or psychiatric help? Instead they let it go on to entrap him. Equally creepy.

[Journeyman]

9. Yes, you think that would have been the reasonable, adult approach to this . . .

I can't even begin to surmise what went through that man's mind, or venture an opinion on the legality or morality of the act (I long ago realized, I don't have the answers for everything, and for many situations -- such as this one -- I've never even given it a thought). But I agree with you, Gwendolyn: A compassionate approach for all involved would seem to be direct confrontation, rather than involving the law. Perhaps there are other extenuating circumstances: the man is prone to violence or the hospital staff feared he'd hurt his wife if confronted, but absent such immediate fears, an approach that recognized the humanity of all concerned would seem the better choice.

[Disorientedx3]

14. no grey area

doctors and nurses are mandatory reporters, ie, are legally bound to report rape or suspected rape. if they would have pulled him aside and said, "gee, mr.johnson, ya really gotta stop raping your wife like that".. they would be held criminally responsible for their failure to protect the patient from real/suspected harm.

[JeanGrey]

10. Having sex with a comatose wife? Oh my god.

How does a comatose person consent to sex?

[heliarc]

11. I am kind of ambivalent about this...

because I see your point, and feel just as strongly that an unconscious person cannot consent... it is very possible that their sex life before the coma was very good, and in a situation like that perhaps a man who loves his wife both on an emotional and physical level, and having no real medical understanding of the situation, might logically conclude that this might be therapeutic in some way to her condition... might really think that he could bring her back, and hope that she does wake up... How sad and twisted either way.

[goddess40]

13. Sorry, it's still rape

and so disgusting on so many levels. That man needs some psychiatric help.

[heliarc]

16. Like I said.

Sad and twisted either way.

[JeanGrey]

15. I'm sorry I have no sympathy for this man. Only for his

comatose wife. This is sick and tantamount to rape.

[heliarc]

17. I have sympathy for both of them.

Even if he is guilty of a crime. Seems like a terrible situation, no matter what you think of the guy.

[undeterred]

18. Agreed.

He is dealing with a terrible loss, albeit in a terribly inappropriate way. Sending him to prison just makes everything worse.

[JeanGrey]

19. I think it is a terrible CRIME