Don't see nuthin'
Posted on 09/14/2008 10:49:56 PM PDT by dbehsman
Prosecutors can’t use secret videotapes of a Watertown minister having sex with his comatose wife while she was in a nursing home, the 4th District Court of Appeals ruled Thursday.
Advertisement The man faces eight felonies — four counts of second-degree sexual assault of an unconscious person and four counts of third-degree sexual assault — as well as a misdemeanor.
The case raises a number of issues, including a nursing home’s obligation to protect the health and safety of a patient, an individual’s right to privacy and questions of marital sexual abuse.
According to the appellate decision and other court records:
In June 2005, after David W. Johnson, 59, had been loud and abusive with employees at Divine Savior Nursing Home in Portage, an employee reported that Johnson had touched his wife in a way that may have been sexually inappropriate. Johnson’s wife, now 53, had suffered a stroke earlier in 2005 and required total care.
The home’s policy and the state administrative code provides residents and their spouses a right to private visits, but the Divine Savior administrator obtained a waiver of the state rule from the Department of Health and Family Services. She then went to police.
(Excerpt) Read more at jsonline.com ...
some previous discussion on a similar thread.
Seems to me that if a spouse can “know” that their spouse would not want to live, they must know if they want to have sex...
Or has sex for you always been about one person using another?
Not sure I’d want to judge this man, or what was in his heart.
Johnson's wife, now 53, had suffered a stroke earlier in 2005 and required total care...and he was charged July 21, 2005.
From this we know that she had her stoke less than 6 months prior to her husband being charged.
Johnson visited her frequently and sometimes would close the door to her room so they could have privacy as allowed by the nursing home... his client would visit his 54-year-old wife every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy.
Notice it does not say most of the time or frequently, but instead just sometimes even though he visited her everyday.
The woman's sister is upset that prosecutors brought charges against him, Kelly said. "She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness,"
Could this be his real motive for doing this. I know my wife well enough to say that if there was anything that would bring her out of a coma it would be sex.
Is this man a sex fiend or just a desperate but loving spouse trying anything that might help bring his wife back to consciousness?
I know that I wouldn’t want to judge him.
I think this case should be thrown out.
I actually think that the nursing home should be charged with “secretly” taping residents in their rooms!
According to their rules, and the law, the residents have the right to private visits...nice, since they are paying big bucks for the rooms...anyway, they have the right to visits; one assumes marital visits. So, are there employees sitting around and passing around senior porn tapes?
When I was 18 I worked in a nursing home. The residents sometimes “hooked up”. It is a fact. A few had relationships, if they were able. We didn’t do anything about it, it was none of our business. We just left them alone. These people rent their rooms.
Apparently they were videotaped without their knowledge. That's not privacy.
“I told her if she wanted sex to say nothing.”
Apparently they were videotaped without their knowledge. That’s not privacy.
They went to the state for a privacy waiver. This is a bull.... case. This is between the man and his wife. He is her caretaker and was trying to be close to her. What is the problem?
I think it is so sad. And some people are very cruel.
Did this man put her in a coma? Did he beat her? Did he post photos of her naked body on the internet for others to see? No, it was the state who instead allowed photos of her to be viewed by the public.
There is no evidence that this man was ever anything but loving to his wife. He spent everyday with her, kindly taking care of her.
Maybe it would be nice if he could get some help. I really don’t think tax payer dollars should be spent prosecuting this case.
Instead, in Washington state, a man who should have been locked up in a mental institution went off and killed 6 people, after years of his mother trying to get him committed. I am sure there are real cases like this, in this poor man’s state. There are real victims of real criminals. Why waste time and money on this case? I guess the man should take his wife home, and hire help.
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