INteresting wrinkle, as it were. As next of kin, spouse is authorized to make all medical decisions, including treatments/withholding of treatments etc.
Kinda. In many states, raping one’s wife is a lesser crime than raping a girlfriend, stranger or whatever.
In most states, consent * is * still implied by marriage- meaning if the wife doesn’t say no (whether from fear or whatever) the husband can’t be prosecuted.
What? Can you clarify what you’re saying here, because it reads like someone should be just as sexually accomodating to strangers as they are to their spouse, and that makes no sense to me.
I gotta say I agree. I personally find it weird but who’s to say what kind of relationship they had? We can only assume by her being married to him that she would be ok with it. I would think she’d be very upset to wake up and find her husband in prison.
Now the inverse is that we could have husbands lining up to bang their comatose wives every night before bedtime, and I don’t think that’s necessarily a good thing either. This guy should probably get a slap on the wrist and be told to knock it off, but rape? No, I can’t see it as rape, sorry.
It was nonconsenual sex with his wife. You might as well ask how a wall is not equivalent to a wall.
Anyway, see my post. In some states (and at common law, not that all states don’t have superseding rape statutes) not saying no is effectively equivalent to consent in the context of marriage.
Well, that’s exactly the point, isn’t it? We don’t know what kind of relationship they had, and we can’t ask her. We can’t know if she’d have consented to this because she’s incapable of giving that consent. That’s what makes it rape.
I don’t think we can assume that. We don’t know what the state of their marriage was before she went into a coma. Maybe she was just about to leave him. Maybe she’d be horrified and disgusted about this. We can’t know, and that’s a big part of why we can’t allow this sort of thing to happen.
The only thing know for a fact is that they were married, which is implied consent to me. I’m not saying we should throw coma-patient gangbangs but rape is a little strong of a charge for this particular case IMO.
We also know for a fact that she was comatose, and I would say that’s implied non-consent, on top of the inability to consent directly. Count me in for calling it rape.
That indicates that the husband is devoted to her, but it doesn’t say anything one way or the other about how she’d feel about her husband humping her while she’s in a coma.
Like Miller, that would tend to be my personal opinion rather than one on what the law is. But is there no difference between “doesn’t say no” and “can’t say no”?
Absent the controlling statute, I don’t see how you can be so certain. What is the law in this state? Does marriage confer implied consent? Is it rape if the wife never objects?