Court says police illegally taped nursing home sex

So from now on every legal document pertaining to power of attorney will have to contain a clause agreed upon by all parties that should one be left in a vegetative state or comatose that sexual interactions with a defined party are perfectly acceptable.

That would be a crazy conversation with a loved one for sure.

This is way to personal a matter for Johnny Law to even pretend to judge or prosecute.

reply to post by Scurvy


If they were so worried about him closing the door, they should have told him he had to leave the door open. But oh, that's right, they had NO RIGHT to tell him that.

The sickos just wanted to see it.

Originally posted by jackinthebox

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.

Thank you for making my point. That girl is going to that room under her own volition. The lady in the coma is not. And if it was an underage girl you saw, it IS your duty to report it. Yes to hospital should be held accountable, since they knowingly allowed this man to rape his wife. She is not able to give consent, it is rape. It was already pointed out earlier in the thread.

reply to post by Rook1545

And if it was an underage girl you saw, it IS your duty to report it.

I have no way of knowing if the girl is underage or not, or what her relation is to the person renting the room. And it's none of my business.

The same way that the hospital has no way of knowing the personal details of this couple's relationship. Do you ask your wife for permission every single time you have sex with her? Better get her to sign that permission-slip and have it notarized.

Originally posted by jackinthebox
The same way that the hospital has no way of knowing the personal details of this couple's relationship. Do you ask your wife for permission every single time you have sex with her? Better get her to sign that permission-slip and have it notarized.

Now you are arguing simply for the sake of it. You are right they do not know the details of the lives of these people, so it is their duty to err on the side of caution. As far as me and my wife goes...if she says not tonight, I know what that means, this lady can't say that. You can defend rape all you want, it is what it is.

Originally posted by jackinthebox
Do you ask your wife for permission every single time you have sex with her?

holy !


Are you asking if he rapes his wife..? Do you have sex with your wife even if she has not consented?

reply to post by riley


Sure. A lot of times not a word is said. I even wake up with her going to town on me from time to time.

Then there is the hot hate sex to end a fight!

[edit on 9/12/0808 by jackinthebox]

although the situation is a little strange, I fail to see where the nursing home or the authorities felt it was their obligation to invade the man's privacy.

reply to post by LLoyd45


Exactly, I'd like to see the warrant.

Originally posted by jackinthebox
reply to post by riley

 

Sure. A lot of times not a word is said. I even wake up with her going to town on me from time to time.

Bit of a difference between having a healthy, mutual sex life and having non consentual sex (rape) with an unconcious stroke victim.

reply to post by riley


But as I stated in a previous post, I asked my woman this very morning after reading this thread, and she replied that she would not mind at all.

EDIT to add: And my real point was to show how often we "presume" consent. I don't think it is so unreasonable that this man might presume consent after 50 years of marriage.

[edit on 9/12/0808 by jackinthebox]

reply to post by jackinthebox


My point is that at a place of employment it is their right to know what is going on. When you work with people in a care situation it is vital to know exactly what is going on. They should not have had to tell him to leave the door open, he should have asked the manager of the care home if it were all right. This may sound ludicrous but were he doing this in an attempt to stimulate her then he could have proposed this and a doctor would have told him yay or nay.

I also stated the police dealt with it in the wrong way, they should not have set up a camera without exhausting other methods of trying to get this man to stop or working out an agreement between this man and the care home. I don't agree with the use of security cameras in private matters like this, and the courts agree that the police did not follow protocol in this situation.

Jack you are correct and this is the point that people are missing. The fact is the nursing home is like a hotel room. You pay to stay or to have someone stay in the room in private. In private is the key. Like Jack pointed out why not put cameras in ALL the hotel rooms just to be sure that there are no rapes or child porn going on in there. Sounds crazy right? Like a violation of privacy right? Well that is what you people are saying. Now what can be debated is the legality of the sex issue and notice I dont call it rape. It could be rape but that is for the judge to decide but without there being any evidence of the sex that is admissible I dont see how a judge can judge either way.

Id still just get a couple of hookers and not have to worry about it but that is just me.

Originally posted by jackinthebox
reply to post by Scurvy

 

The sickos just wanted to see it.

What? The hospital staff didn't tape the act, nor did they watch the video. The police taped it for evidence purposes.

reply to post by Yossarian


Wow.. they obviously had suspected him of doing this, otherwise they would not have installed a camera.. so .. because of the evidence he was committing a crime, and that led to the camera, I would say NO, his rights where not violated.

It wasn't his property.. it was the nursing homes.

reply to post by Scurvy

The police taped it for evidence purposes.

Now you are presuming to know what motivated the officers involved. I happen to know a gay Deputy who is all too happy to be assigned to strip and cavity searches of incoming prisoners. But really, that is beside the point anyway.

The court has ruled that the tape was made ILLEGALLY, and rightly so. Thank god for a glimmer of justice in this day and age.

Unless of course you think that we should install a camera in your bedroom to make sure you don't try anything with your wife when she is sleeping.

reply to post by Rockpuck

...because of the evidence he was committing a crime, and that led to the camera, I would say NO, his rights where not violated.

But there was no evidence that there was a crime being committed. Even with the tape, I find it hard to accept what happened as criminal if no physical injury was done.

reply to post by jackinthebox


A gay deputy who gets his jollies on strip searches has nothing to do with this and is a one off. I'm pretty sure if they received a complaint from the care home staff then they would be there to put a camera in to see what he was doing and charge him if it were illegal, hence why it was in court.

Did you even read the second half of my post? I'm pretty sure I said I DON'T agree with the cameras... so why are you wanting to put one in my bedroom?

And there may not have been physical injury done but they did not know that and so they investigated. By law it is illegal anyway because she can not consent. If the police HAD followed protocols this guy would be facing criminal charges.

Originally posted by jackinthebox
But there was no evidence that there was a crime being committed. Even with the tape, I find it hard to accept what happened as criminal if no physical injury was done.

He had sex with his unconsious wife.. by your "no injury" reasoning drink spiking is harmless as well.. and having sex with dead people.

reply to post by Scurvy

Did you even read the second half of my post? I'm pretty sure I said I DON'T agree with the cameras... so why are you wanting to put one in my bedroom?

Actually no, I don't see where you said you don't agree with the cameras. But if that is your position, then I do apologize.

And there may not have been physical injury done but they did not know that and so they investigated.

They had no grounds to investigate without signs of physical injury.

By law it is illegal anyway because she can not consent.

That's an opinion, not a fact. You have no way of knowing the intimate details of this couple's realtionship. Again, re-read my points about "presumed" consent.