Court sides with husband in coma sex case

[walnutpie]

The District 4 Court of Appeals Thursday upheld the dismissal of videotape evidence of David W. Johnson, 59, of Watertown, Wis., allegedly having sex with his wife, a stroke victim, in Divine Savior Nursing Home in Portage in 2005, The Madison Capital Times reported Friday.

Portage police installed the camera without Johnson's knowledge after nursing home officials said they suspected Johnson was sexually touching his wife, the Milwaukee Journal Sentinel reported Friday.

A spokesman for state Attorney General J.B. Van Hollen said his office may appeal the case to the Wisconsin Supreme Court because prosecutors view the case as sexual assault, the Sentinel reported.

Johnson's lawyer, T. Christopher Kelly, of Madison, said his client should be left alone. "Mr. Johnson deeply loves his wife," Kelly said. "He's spent every day talking to her, holding her, trying to stay connected with her and bring her back. I think he's entitled to privacy in this matter."

Link

[YOY]

1. Bizarre story

n/t

[liberalmuse]

2. Jeez.

This is a very sad story. :(

[mikelgb]

3. hmm

yeah, the camera's in the room were totally inappropriate

not sure about the sex... if doctors think is is hurting her or bad for her health... but i dunno

[Captain Hilts]

4. I think getting pregnant, without your consent, while in a coma is bad. nt

[mikelgb]

5. that would be bad

[Disturbed]

8. The article didn't say that he was having sexual intercourse.

He was touching her. Maybe he was trying to wake her up by touching her in various areas of her body.
This is a stupid case to bring to court.

[Captain Hilts]

10. Yeah.

[YOY]

6. Looks like they're over 50 both.

Not a huge chance of pregnancy.

Just bizarre.

[Captain Hilts]

11. Then I stand corrected. Thanks! It's too damned strange. nt

[uppityperson]

7. dupe, again

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=4019980&mesg_id=4019980

[Warpy]

9. I had a feeling they would rule this way

because of implied consent within the context of marriage.

Unless she had actively withheld consent, it wouldn't be marital rape.

It's a weird case. There's no right way to rule on it. There's only a less damaging way.

[fed_up_mother]

12. My husband can have sex with me while I'm in a coma.

Since he has my power of attorney should something happen to me, I suppose that gives him the right to consent. :)

Just joking, folks.

However, if this man is as the lawyer says, I just couldn't prosecute. Was he a grieving husband trying to love her, or was he assaulting her?

[jpgray]

13. The value of a living will has never been more apparent

[Vanje]

14. Something else to think about when making a Living Will

My spouse may do ______ , and _____ . He is more than welcome to __________.
He can do ______, but only after 10 minutes of ___________, and ample KY lubrication. Not the scented kind. It gives me a rash.
But ______? No fucking way am I gonna let any one do _____________! Over my incapacitated body will anyone even THINK of doing _________!!!

[ismnotwasm]

15. LOL

Now that's funny.

[lumberjack_jeff]

16. LOL! n/t

[OmmmSweetOmmm]

17. From what I'm reading here, this is a man who truly is devoted to his wife and perhaps

the sexual touching was something he did in order to see if he could get some sort of reaction to him.

I really feel very sorry for him.