with their own spouse who has dementia in a nursing home?
2006-12-22 10:42:14 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
For anyone who thinks sex doesn't go on in a nursing home, it does very much so! This was a case where an aide walked in on a dementia resident performing oral sex on her husband.
2006-12-22 12:35:57 · update #1
yes
2006-12-22 11:49:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
That's a good one. Definitely it depends on the state. The spouse can't consent to, sure, but if the spouse said "no," then it will probably be a chargeable offense. There's nothing about it in my Illinois law book, but it's from 1998. but I bet that's one that would have to be decided by a court ruling. It seems many (not all) sex laws allow for a valid defense to be made in a case where the victim is the spouse.
2006-12-22 18:47:08 · answer #2 · answered by Mickey Mouse Spears 7 · 0⤊ 0⤋
I don't believe anyone will be having sex in a nursing home. However, the law states one must be mentally sharp "AND" know what they are asking for when it comes to sex. If one has true dementia then they can't legally have or consent to sex.
2006-12-22 19:02:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe it is. Technically a spouse can be charged with rape or molestation even if the significant other is completely coherant and unwilling/unwanting to engage in sex. So to answer your question, I'd say yes, if it was forceful and unwanted by the other party.
2006-12-22 18:54:57 · answer #4 · answered by ELW 3 · 0⤊ 0⤋
So does a person not like sex when they get old and a little confused.No and if that is his wife I'm sure they've had sex before.So to sum it up if it bothers you that bad and you just have to butt in where I'm sure your not wanted ask this person whom I assume is a woman cause face it if it were a man you would know if he were willing!Then worry about your own sex life or the lack of...................
2006-12-22 18:59:19 · answer #5 · answered by sjwest74 2 · 0⤊ 0⤋
If you think the husband is forcing his wife and it's against her will, then you would report it to the nursing home management and the ombudsman, who will investigate. If it's not forced, then it wouldn't seem to be any of your business.
2006-12-23 06:09:40 · answer #6 · answered by Katherine W 7 · 0⤊ 0⤋
wow does dementia mean completely unable to make decisions? physical arousal does not stop because the mind does not work anymore.....understanding though....I'd call a lawyer, also look into mental health sites..........
2006-12-22 18:52:28 · answer #7 · answered by ? 3 · 0⤊ 0⤋
you don't put people in the nursing home if they are still able to have sex.
2006-12-22 18:55:48 · answer #8 · answered by johnnydean86 4 · 1⤊ 0⤋
In marriage it becomes a natural reflex, so no it is licensed.
2006-12-22 18:54:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It might be. You should look into your state's laws about it.
2006-12-22 18:49:37 · answer #10 · answered by ROBERT L O 4 · 0⤊ 0⤋