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Court says police illegally taped nursing home sex

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posted on Sep, 12 2008 @ 02:06 AM
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if my wife was in a coma i would try all means to wake her...also the police must have no murderers or other serious criminals to catch in that area...

[edit on 12-9-2008 by fatdad]




posted on Sep, 12 2008 @ 02:28 AM
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Originally posted by fatdad
if my wife was in a coma i would try all means to wake her...also the police must have no murderers or other serious criminals to catch in that area...

Rape is not a serious crime now? So your wife would be fine with you having sex with her while she's sleeping or in a coma? that wouldn't bother her at all?

The responses in this thread disturb me much more than the story itself.

She did not consent.. for all we know he may have been a very good husband.. or they may not have had sex for the last ten years. Marriage does not make rape ethically okay.. even if raping your wife is still legal in some backwards american states..

It's comforting to know that nursing homes are using such precautions and I think cameras should be standard in all coma wards and where patients may be vulnerable.

[edit on 12-9-2008 by riley]



posted on Sep, 12 2008 @ 02:36 AM
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You know, I'm vunerable while sitting on the public toilet. Do we need cameras in the bathrooms?

Dosen't cameras in the coma room violate something in the HIPPA or whatever laws.



posted on Sep, 12 2008 @ 06:29 AM
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reply to post by -Reason-
 


Ok, so let's say you are in a deep sleep somewhere. There are cameras there but they are illegal. You get raped by a man. You had no knowledge of the assault until you were told by authorities who saw the tape. Should that man be arrested? Whose rights were violated? Whose rights take precedence?



posted on Sep, 12 2008 @ 06:34 AM
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i blame viagra, I am sure this video will be on liveleak in no time. Finally, what was the name of that nursing home? I need to put that in my living will in case I go into a coma.



posted on Sep, 12 2008 @ 06:42 AM
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off-topic post removed to prevent thread-drift


 



posted on Sep, 12 2008 @ 06:46 AM
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off-topic post removed to prevent thread-drift


 



posted on Sep, 12 2008 @ 07:38 AM
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post removed for serious violation of ATS Terms & Conditions



posted on Sep, 12 2008 @ 08:09 AM
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Originally posted by whitewave
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 following is my opinion as a member participating in this discussion.

I agree on the need to protect patients, but I think we'd need to research laws on spousal consent in Wisconsin to see if it's technically illegal for a husband to have sex with his wife while she's asleep, or can't give 'consent'. Some states, IIRC, had statutes that there's no rape in marriage.

A quick search shows it is now illegal in all 50 states.

marriage.about.com...



Until 1976, marital rape was legal in every state in the United States. Although marital rape is now a crime in all 50 states in the U.S., some states still don't consider it as serious as other forms of rape. The only states that have laws that make no distinction between marital rape and stranger rape are Colorado, Delaware, Florida, Georgia, Indiana, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Texas, Utah, Vermont, Wisconsin and the District of Columbia. These states have no marital rape exemptions.


So valid point. Still, I think it's a fine line between 'failing to get consent' and 'rape'. I seriously doubt that most wives would file charges for 'sex while asleep', or maybe sex while unconscious. However, if the authorities saw a tape, the wife may not have had that choice. Then, we're down to the infamous 'spouses can't testify against spouses' rule (I think?). I just don't think many prosecutors would be eager to bring it to trial if it was a 'gentle act' and not perverse. What I wonder is why they're pushing so hard to prosecute this poor guy, given the sister's comments?

I sincerely believe he was doing it as an act of love (and maybe therapy) and not a perverse act, having read the story. YMMV.

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.






[edit on 12/9/2008 by Badge01]



posted on Sep, 12 2008 @ 08:12 AM
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Wow thats ridiculous, yes the police did invade privacy, but they probably had a hunch this guy was doing something weird, he probably did it more then once... thats sick



posted on Sep, 12 2008 @ 09:04 AM
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for all you guys who say this is ridiculous I say to you ok then is he supposed to cheat on his wife to get his rocks off? I mean hell say what you will but the man for not cheating and staying with her instead of divorcing says something about the man to me. As far as consent just because most of the women on this thread like to tell their men every night "Im to tired" maybe this lady wasnt like that. Maybe she loved it and would never not consent. Think about that.



posted on Sep, 12 2008 @ 09:15 AM
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Originally posted by mybigunit
for all you guys who say this is ridiculous I say to you ok then is he supposed to cheat on his wife to get his rocks off?

Cheating on his wife would be far better than actually raping his wife.

I mean hell say what you will but the man for not cheating and staying with her instead of divorcing says something about the man to me.

All it says is that he is deranged. He is not doing her some sort of favour by not divorcing her.

As far as consent just because most of the women on this thread like to tell their men every night "Im to tired" maybe this lady wasnt like that.

"most of the women on this thread? wtf? Just because we are against a husband having sex with an unconcious wife doesn't mean we're frigid.

Maybe she loved it and would never not consent. Think about that.

Alot of people seem to be REALLY defending this guy..


[edit on 12-9-2008 by riley]



posted on Sep, 12 2008 @ 09:20 AM
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reply to post by riley
 


I just want to make clear before u get any thoughts I would not do what this man did I would get the hottest 20 year old hooker (maybe two) and go to town while NOT divorcing my wife and sticking by her. But I tend to be with the guy on this because A. He should not of been taped. and B. Its his wife and who knows what would you be saying if she woke up because of it?

[edit on 12-9-2008 by mybigunit]



posted on Sep, 12 2008 @ 09:39 AM
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I'm in the camp of "none of their damn business." They had no right to be taping, and should be sued for it. What if the guy never touched her, but was beating off instead? They had no right to be watching.

And legally speaking, it's as bad as the police just bum-rushing your house without a warrant, and no more probable cause than something as stupid as you only come out at night, to find your stash of Max Hardcore films which may or may not actually be legal.

I seriously doubt that this woman would be so offended, after a half-century of marriage, to press charges against her husband if she awoke and learned what had happened. To the contrary, she might have signed a consent clause ahead of time had she known. I just asked my lady if she would mind, and she replied that it was weird, but that no, she would not mind.

Also keep in mind that what you may find weird or even offensive is your own business, don't make it someone else's. There are people who like to be beaten, choked and vomited on during sex for chirissakes.

Lastly, think of how sad this really is. This man was saying good-bye to his wife.


[edit on 9/12/0808 by jackinthebox]



posted on Sep, 12 2008 @ 09:46 AM
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I can see alot people's points here. The thing that gets me is, how was the nursing home supposed to know? How would they know what this couple's home life was like? Maybe she didn't "put out". Maybe this was his way of finally getting it from her without her saying no.

There is a possibility (a very good one), that this nursing home has a policy against relations with comatose patients. We don't know this.

As for the person that included some deviance, do you think they should allow that too? Let the guy put a zipper mask on her, and just do whatever floats his boat? It is the job of that institution to protect it's patients. They did their job. Like someone else pointed out, it is rape plain and simple.



posted on Sep, 12 2008 @ 09:52 AM
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reply to post by Yossarian
 


People are not thinking things through anymore or placing themselves in this mans shoes. I doubt he was doing it for pleasure. I bet he thought it may just wake her up. Desperate people do desperate things and when a loved one is in a coma you can still feel they are alive and you think, If only I could figure out how to reach them....

I know what its like to have a loved one in a coma and the first thing I thought was he wanted to awaken her.



posted on Sep, 12 2008 @ 09:57 AM
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Well, maybe we should make it a law that all men wear pecker-cams with a live feed to the police at all times, just to be on the safe side.


Deviance will not be tolerated! Conform!

[edit on 9/12/0808 by jackinthebox]



posted on Sep, 12 2008 @ 10:12 AM
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Originally posted by jackinthebox
Well, maybe we should make it a law that all men wear pecker-cams with a live feed to the police at all times, just to be on the safe side.


Deviance will not be tolerated! Conform!

[edit on 9/12/0808 by jackinthebox]


Wow, that is quite the jump. This nursing home has a DUTY to protect its patients. They did their duty. What if this lady woke up, found out what he did and sued them? Would you be on the other side saying that if they knew this was going on that they should have stopped it?



posted on Sep, 12 2008 @ 10:19 AM
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reply to post by Rook1545
 


Not a jump at all. It's a private room, that the husband was probably paying for. Maybe we should put cameras in motel rooms too. After all, working at a motel I have reasonable suspiscion that all sort of illegal acitivites happen in these rooms.

And besides, don't the police have a "duty" to protect the people? Weenie-cams are the way to go.

And as far as the woman waking up and suing, I say no, the hospital should not be held accountable. Unless of course they allowed some breach of security to let in a stranger or something. They should not be held any more accountable than I should be when I see a young girl go into a motel room with an old man.



posted on Sep, 12 2008 @ 10:23 AM
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Whether or not people agree with this man the fact is it is illegal plain and simple. There are many laws that we may not agree with but they are in place nonetheless and you have to be aware of the fact that if you are caught breaking these laws there are punishments.

Now imagine being one of the nursing home staff seeing this guy close the door and suspecting what is going on. Would you like to be aware that this is going on while you are trying to do your job? It may have been aggressive, it may not have, but would you be willing to take that risk and not do anything about it?

The police dealt with it in the wrong way. They should have approached this man in a discreet manner and informed him that they had received complaints pertaining to him closing the door. At that point they would have been allowed to set up a camera if they received another complaint.

All in all a very weird situation. I'm just glad I didn't have to witness or deal with it.




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