Sooo.. this morning on the way to work I heard an intersting News Story.. Man and woman are married.. Man 57 and Woman 54. Soo the woman had a stroke several years ago and has been in a coma and living in a home.. the Man goes to the Home and talks to her and moves her arms and legs to make sure they are exercise.. So the Hospital caught the man
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If she's ok with it, then it's ok.
If she's not, then it's rape.
As it is, since she is in a coma, he is her legal guardian. So he would have to be the one to press charges on himself.
That is my personal opinion.
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He obviously loves his wife very much, going to see her, talk to her, trying to exercise her limbs, that's a lotta love.
And, he loves her enough to be attracted to her, and want her, while she hasn't said a single word to him in years.
That's devotion, man. Not rape.
If he didn't know her from atom, just thought, well, there's a cutie, I'd hit that, who would know, THAT's rape.
Assuming they had sex before the stroke, and seeing as how they're married, I'd imagine so, hell, I think she'd be flattered. Gotta exercise those kegels, too, ya? :P
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Rape? If you really want to get technical, silence is consent. They're married. According to her sister, she loved him. There's no indication that she would have said "no." Now if it's a stranger, presumably the unconscious party would say "no" if they could. So that would be a different situation (and what you'd have to prove in court).
Either way, since her kin are ok with it, it's none of my (or the state's) business.
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