Court says police illegally taped nursing home sex

Court says police illegally taped nursing home sex

www.twincities.com

Court says police illegally taped nursing home sex
By RYAN J. FOLEY Associated Press Writer
Article Last Updated: 09/11/2008 12:30:05 PM CDT

MADISON, Wis.—Police illegally videotaped a Wisconsin man having sex with his wife while she was in a coma in her nursing home room, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife 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," a unanimous three-judge panel wrote.

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Is it sexual assault? Did the police have a right to film him? The husband requested privacy so the court are upholding his right to privacy over the 'crime". In what case do you lose your right to privacy? Can any accusation of crime be waived if you can prove your privacy was being invaded in collecting the evidence against you?

www.twincities.com
(visit the link for the full news article)

[edit on 11/9/08 by Yossarian]

Regardless of legality or morality. I consider the husbands judgement in extraordinarily bad taste. That is just wrong. Get a penthouse.

1) Filming old people having sex EWWWWW

2) Old man having sex with his comatose wife EWWWWW

3) Why oh why did the police watch the tape? EWWWW

Sorry Three EWWWWs and this ain't news it's the making of the worlds most disturbing horror film!

In a coma?? What!? What's wrong with people?! Who cares if she's your wife, how is that enjoyable!

Wow.

Oh man, that is just so sad I don't know what to say.

He is obviously having mental problems dealing with the loss of his wifes companionship.

I pity this man and hope he gets some help.

After 50 plus years of marriage it was probably just another Friday night...

I think "Ewww" is about right for this "Breaking Alternative News"

A funny find though gotta say!

(I'm too grossed out/ confused /disturbed for a response)

Wow. Just wow.

Let's forget about the man's rights for a moment and ask ourselves: what about the woman's rights not to get....you know...while in a coma? Sheesh

The taped evidence had already been thrown out by the circuit court and the prosecution decided to appeal. The wife's sister had didn't understand why they were making a big deal of it. She said her brother in law loved her sister very much and this one way he was trying to bring her back to consciousness. He also read the bible to her everytime he visited, as well as doing range of motion excercises to her arms and legs to prevent muscle atrophy. He closed the door to the room frequently, which caused the Nursing home staff to "become suspicious."
Doesn't this man have a right to privacy when he is with his wife?
Did he assault his wife?
What gives the nursing home staff the right to report this man to the police because they thought he might be having sex with his wife?
Now, I'm not sure he made the wisest choice, but consider the possiblities.
This man has been married to this same woman for 20 years. He really loves his wife. He has sexual needs, but doesn't want to have a 'girlfriend," because he doesn't want to committ adultry.
He could divorce his wife, but if he does that he's a pariah in the community for deserting her when she needs him most.
Finally, some people who are in a coma respond to certain types of stimulation. This can be touch, talking, music, etc. Sex is another form of stimulation, and we can assume that he either "had his way" with her, or he actually tried to sexually stimulate her, which would cause the release of certain neurotransmitters which may help her level of consciousness.
I would really like to hear this man's side of the story, instead of him just being made to sound like some sort of sex starved pervert.
I tend to think this was actually an act of love.

I think this falls under the category of "Too Much Information" or "What Were They Thinking".

And, I concur with the "Eeewwww" sentiment.

Umm..Ummm. Ummm. I uh well ..umm gees...I Oh damn......Helll with it!




Zindo

All i can say is Parents sex ewwwww. I thought people stopped having sex after 50 guess i was wrong.

hey apparently when your in a coma you can still feel all the sensations you normally can,sights,sounds touch and so on,they just can respond to them or experience them in a fully conscious way.

so i believe its the right of every comatose person to experiences the sensations of a sexual nature.
why deny her that which she would probably long for with her husband when awake?

For punishment they should be forced to view the tapes for a week!

That will teach them a very valuable lesson.

This is a private matter. Aside from a game of scruples we should not judge this case unless we are intimately familiar with the details. I expect this experience may be hellish enough for this family.

It is proper to discuss whether such a thing constitutes assault in a technical sense, but I can't deny, I find it reasonable to accept that it is possible the intent was not abuse, and I find it unreasonable to assume this was an assault. We would need to know 'too much information' as one poster replied.

With any good fortune at all perhaps someday she will recover, such things have happened before.

Originally posted by kettlebellysmith
Did he assault his wife?

That would depend entirely on how she would feel after realizing what had happened. If she doesn't care, it's not assault. If she does, it is.

reply to post by shipovfools


Damn you for rickrolling the thread.

Wait, damn me for being such a sicko that I actually clicked the link!


kettlebellysmith, you have a point. This was his wife for many years, he was a duitifull husband and stayed with her. It could have been a normal encounter between the both of them.

And your right, outside stimuli does sometimes have the effect of bringing someone back from a coma.

As a healthcare worker, I can assure you that preventing sexual assault in a nursing home (or any healthcare environment) is a BIG deal.

Was it sexual assault? Married or not, the woman was not able to give consent and that alone makes it sexual assault.

The "gentleman rapist" of notariety several years ago was very "polite" and "tender" with his victims but they were still non-consenting to the act of penetration (legal definition of rape).

This man may have had the best of intentions but we all know what the road to hell is paved with. Very poor judgment on his part and technically and legally=rape.