When is a previously consenting spouse no longer mentally-capable of consenting to sex?

SGT Private RallyPoint Member — Wed, 22 Apr 2015 15:37:04 -0400

Just WOW!!

I don't know what to say about this. I would like to know what some of y'all think. Is the GOV getting TOO involved in people's personal lives?? They were married for Christ Sake. IDK.

http://hosted.ap.org/dynamic/stories/U/US_NURSING_HOME_ASSAULT_TRIAL?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-04-22-15-14-19

Response by LCDR Private RallyPoint Member made Apr 29 at 2015 1:56 PM

LCDR Private RallyPoint Member — Wed, 29 Apr 2015 13:56:08 -0400

Yeah they had an episode like this on SVU the other night only it was women on man. He was old and rich.

Response by SGT Jeremiah B. made Apr 29 at 2015 2:08 PM

SGT Jeremiah B. — Wed, 29 Apr 2015 14:08:59 -0400

We've established pretty clearly that simply being someone's spouse does not provide consent. Simply being married doesn't nullify your right to refuse or the necessity of consent. This complicates situations like this when dealing with people who can't legally consent to anything.

The whole thing kinda freaks me out though. Old people, advanced Alzheimer's and sex. I think I'm too young to be able to process that with any sort of valid rationale. haha

In any case, it seems like a case of over-zealous caregivers reporting something, the government doing exactly what it was supposed to do in reported cases of sexual assault and the jury rightfully deciding the whole thing is just silly.

The alternative being that the government doesn't treat sexual assault reports seriously, or we go back to ye olden days when men could rape their wives w/o fear. I have daughters. don't like that option very much.

Response by SFC Mark Merino made Apr 29 at 2015 2:13 PM

SFC Mark Merino — Wed, 29 Apr 2015 14:13:47 -0400

Marital rape was addressed, this is the logical next step. We can't hold conventional freedoms to unconventional situations. If the love of your life gets to the point of thinking you are an unknown rapist when it is snuggle time, how is that love? Are your old urges so powerful that you find this situation arousing? If it is time to commit someone to a special home because they have no idea who you are, than so be it. If you have to stay home and take care of your spouse all by yourself, that is just being married. Having sex with your spouse who suffers and believes you are a stranger is cruel, immoral, and no bueno. If you got married for sex whenever you want, not only are you wrong, but you are the brunt of many comedians.' jokes.

"Getting married for sex is like buying a 747 for the free peanuts"..... (Jeff Foxworthy)

Response by SGM Erik Marquez made Apr 29 at 2015 2:22 PM

SGM Erik Marquez — Wed, 29 Apr 2015 14:22:34 -0400

How about it depends, and to answer I would need a lot more info.

If it was a non consent that include a traumatizing event ..Id say WRONG, convict of sexual assault.
If it was a legal standard only being applied, but the act was consensual between two long time partners, both of whom enjoy the act, even if one partner can only remember who the other partner is 50% of the time Id say no assault was committed.

So if as this one sounds, this is a third party observer who knows of sexual relationship but no actual assaulting actions... and is tossing about the term sex assault because of a legal decision on competency I'd say piss off.
This only applies with two consenting adults in an existing committed relationship, where neither feel abuse is taking place.