Husband is Not Guilty of Sexual Abuse of his Wife with Alzheimer’s.
It first seemed incredible that a 78 year old husband could be arrested for a third degree felony for having sex with his wife because someone in the nursing home said the wife was no longer capable of giving consent.
The jury found him not guilty, but did not explain their rationale. During the trial the Husband described how the couple would “play,” and stated that he assumed that if someone asks for something, they have capacity to consent. He also said they did not have sex.
While many are relieved at the verdict, it does raise a question of what policies are required in nursing homes for both visiting spouses and others who live in the facility when it comes to consent to intimacy. It appears to be a common occurrence. We have not heard the last of this issue.