Court rules nursing home sex tape illegal; Man had expectation of privacy in room wit

The_Minister

Court rules nursing home sex tape illegal; Man had expectation of privacy in room with unconscious wife
Best. headline. ever.

http://portagedailyregister.com/news/local/fa18b56e-806e-11dd-9fd0-001cc4c03286.html

MADISON - Police illegally videotaped a man having sex with his wife while she was in a coma in her nursing home room, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife at Divine Savior Nursing Home in Portage, the District 4 Court of Appeals ruled. Therefore, police violated his Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in the room, the court said.

"We are satisfied that Johnson's expectation of privacy while visiting his wife in her nursing home room is one that society would recognize as reasonable," a unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the video tapes as evidence in their case against Johnson, who is charged with felony sexual assault for having intercourse with his wife without her consent at least three times in 2005.

Johnson's wife, Leah, was admitted to the nursing home after suffering a stroke, unable to speak or sit up. Nursing home staff members fed, cleaned and turned her, checking on her

at least every two hours. Prosecutors say she was comatose.

Johnson's attorney, Christopher Kelly, said his client would visit the woman he married in 1988 every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy. The woman's sister, who is now her legal guardian, 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," Kelly said.

Assistant Columbia County District Attorney Troy Cross disputed that sentiment.

"Whether he was doing that in his mind isn't relevant to the charge. It still doesn't make it right," Cross said.

And nursing home staff members feared the woman was in danger because they suspected he was forcing her to have sex and tipped off police. Police obtained a search warrant to videotape the room and installed the camera, which ran for three weeks. Johnson, who is free on bail, was charged based on that evidence in 2005.

Portage Police Chief Ken Manthey said the department investigated after employees of the nursing home made a report.

"They were concerned for the safety of the woman," Manthey said. "They felt he was forcing her to have sex."

The department then obtained a search warrant, signed by a judge.

"We understood this was a very complex case and made sure everything was done lawfully," Manthey said.

Sauk County Circuit Judge Patrick Taggart, who heard the case out of Columbia County because of a request for a substitute judge, tossed out the videotape evidence last year, ruling it was an illegal search. Prosecutors appealed, arguing Johnson had a right to privacy when he visited his wife to care for her but not when he used the room for intercourse.

The appeals court affirmed Taggart's ruling. Johnson believed he could spend time alone with his wife in private, was lawfully on the premises and took precautions to seek privacy such as closing the door, the court said.

The court rejected the prosecution's argument that Johnson forfeited his right to privacy when he illegally had sex with his wife, noting proof of the assault "has not been admitted."

"The salient inquiry is whether Johnson's claim of privacy is consistent with historical notions of privacy involving a visit between spouses in a room in a nursing home," the court wrote. "We conclude that it is."

Department of Justice spokesman Bill Cosh said prosecutors are evaluating whether to ask the state Supreme Court to review the case.

Kelly said he believed prosecutors would be forced to drop the charges without the evidence on the tapes. He said the appeals court made "a pretty obvious call."

"I think anybody who is visiting a spouse in a nursing home who is told, ‘you can have a private visit and we won't disturb you,' has reason to think he has privacy in the room," he said.

If the case goes to trial, Kelly said he would argue that intercourse did not amount to sexual assault. Family members believe she "would be perfectly happy to feel the love of her husband in that situation," he said.

Leah Johnson, 54, remains in a coma at the nursing home, he said. The couple did not have children.

I know its his wife, but thats just wrong.

Vain

:eek:

St Bill

She's faking it

sam34

thats just ridiculous. the cops had a suspicion that this man was doing something illegal (having sex with someone who was incapable of providing consent) so they set about getting evidence. whats wrong with that? this expectation of privacy argument is rubbish.... would we amke the same argument if the victim in the case was his 5 year old daughter rather than his wife - daddy can f*ck her all he likes in her bedroom cause what goes on there is private, so he didnt think he'd get caught. disgraceful.

c - 13

"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," Kelly said."

Classic. :pac:

sam34

i dont condone what the guy was doing at all, but i lolled at the above response and what the hell, this is ah, so...

"was trying everything he could to bring her back to consciousness,"

kinda the reverse of "i'll f*ck your brains out"

Ann22

Oh my Gawd! That does seem wrong. If she really isn't aware of what's going on he can't say he was doing it for her pleasure. He could always stimulate her in other ways. If she wasn't physically aroused she'll end up getting very dry and raw if he keeps on doing it. Nope it's definitely not right.:(
Reminds me of a story I once heard about this comatose woman... her nurse was giving her a bed bath once and noticed while washing her genital area her eyelids flickered. This was a huge development after years of no responses so when the woman's husband came in, the doctors asked him if he'd perform oral pleasure on his wife to see what her reactions were. All the moniters were set up to show her responses in the next room and the man was left alone with his wife. After four or five minutes all the alarms went off. The doctors ran into the room with the crash trolley to try and revive the woman to no avail. After they'd done all they could they gently asked the husband what had happened to which the husband stammered 'I eh..I think she might've choked'.:D

jackbutler

Ew.
if he truly did just want to make love with her again, because he misses her, then that makes it less horrible.

then again if he was doing the ol' "its not rape if she's my wife and she's comatosed" gag then he'd better do a bit of time.

Firetrap

Why does this bring to mind an early scene in Kill Bill Part 1 where guys used to pay money to a crooked hospital porter so they could "visit" a comatose Uma Thurman and give her a right seeing-to?

brianthebard

Was thinking the exact same thing Firetrap. Anyways who are the police to say what he can and can't do with his unconscious wife? We don't know they didn't make an agreement to continue to pleasure one another in the event of one of them becoming comatose. I'm sure its all very romantic....

Insect Overlord

WTF?! How the hell were charges even pressed in this case? The woman herself obviously didn't report a crime, and neither did her legal guardian.

Kudos for the Kill Bill ^^ reference though

pebbles21

my mrs is always in a comatose state when we "do it" :eek: hope im not in trouble!!!!!!!

Princess Consuela Bananahammock

pebbles21 wrote: »

my mrs is always in a comatose state when we "do it" :eek: hope im not in trouble!!!!!!!

So's yore ma! (Can this thread possible sink any lower...?)

Insect Overlord

Ikky Poo2 wrote: »

So's yore ma! (Can this thread possible sink any lower...?)

Only if we start welcoming etc, etc. :P

Captain Slow IRL

It'd have been funnier if she'd gotten pregnant:D

dotsman

Tbh, you cn read in this two ways. 1 - it is very creepy or 2 - its pitiful in a romantic kind of way. It doesn't say how long she is a coma for, but if it's been years, and they were very much in love, I'm sure, upon waking, she would prefer this than have him hook up with another woman.

For me, if I'm ever in a coma, all hot women are allowed try and stimulate me! In fact, I might contact vivas to up my cover so that it includes hot nurses (or hookers in nurses uniform) providing me with "special" care!

pebbles21

Captain Slow IRL wrote: »

It'd have been funnier if she'd gotten pregnant:D

or gave him a dose of the crabs:D

Ginja Ninja

jackbutler wrote: »

then again if he was doing theol' "its not rape if she's my wife and she's comatosed" gag then he'd better do a bit of time.

oh not that ol' trick ,i mean i've heard that story at least a thousand times before

Overheal

Hey, I know I like to wake up to a blowjob in the morning. She doesn't need to wake me up just to ask me that.

connundrum

So now silence means no too.

/makes note.

Piste

If I were the unconcious wife I wouldn't mind.

Screaming Eagle

Love has many ways of revealing itself.

Pity the bloke tbh.

GirlInterrupted

Screaming Eagle wrote: »

Love has many ways of revealing itself.

So does perversion.

stovelid

How was the poor guy supposed to distinguish between comatose and martial sex?

The_Minister

Will one of the mods be brave enough to move this thread to the Ladies Lounge?

Hellm0

How DARE he have sex with the woman he loves!! HOW DARE HE!!

Seriously though, issues of consent become very gray when the so called victim is the a partner in marriage. Were this his EX wife there would be no question as to the grim nature of his act's(and even so I think it's pretty weird) but at the end of the day the man is only fulfilling the oath he took the day he married his wife. Til death do us part. Seems pretty clear cut to me.

I know I would rather be molested by my wife than she seek relief elsewhere. I certainly would never want the eye of society judging my other half for taking what little comfort I could give her in such difficult circumstances.

taidghbaby

stovelid wrote: »

How was the poor guy supposed to distinguish between comatose and martial sex?

it probably mentioned the comatose thing on the chart in her room i'd say!

Daithi McGee

GirlInterrupted wrote: »

So does perversion.

Go away lost little girl. You have no meaning.

wordcount

The guy had a right to privacy. Does anyone know what goes on behind all our doors at night. Why not install cameras in all houses and bedrooms. It would certainly stop horrible cases of child abuse and maritial rape etc. The point is we all expect privacy in our lives. it is our right.

stovelid

Hellm0 wrote: »

Seriously though, issues of consent become very gray when the so called victim is the a partner in marriage. Were this his EX wife there would be no question as to the grim nature of his act's(and even so I think it's pretty weird) but at the end of the day the man is only fulfilling the oath he took the day he married his wife. Til death do us part. Seems pretty clear cut to me.

I know I would rather be molested by my wife than she seek relief elsewhere. I certainly would never want the eye of society judging my other half for taking what little comfort I could give her in such difficult circumstances.

Unless she left a note saying you can shag me when you want, even if I'm unconscious, there is the small matter of her consent not being forthcoming.

MooseJam

should of gone back door while he had the chance !

wordcount

the centrain point is nothing to do with concent or not. It involves the mans right to privacy.

allabouteve

Daithi McGee wrote: »

Go away lost little girl. You have no meaning.

Neither does your post, or your logic.

Zillah

Ikky Poo2 wrote: »

So's yore ma! (Can this thread possible sink any lower...?)

I for one welcome our new unoriginal masters.

MooseJam wrote: »

should of gone back door while he had the chance !

Oh God.

antodeco

Just imagine the leakage....

Bob the Builder

i, for one, would have screwed her silly... and if the cops asked, I'd just say she told me she was 17

not yet

Nasty,vile and sick..............

Bob the Builder

not yet wrote: »

Nasty,vile and sick..............

old people need loving too.

javaboy

"If you want me to eat these cookies and milk have creepy cold sex with you, give me no sign"

Dragan

sam34 wrote: »

thats just ridiculous. the cops had a suspicion that this man was doing something illegal (having sex with someone who was incapable of providing consent) so they set about getting evidence. whats wrong with that? this expectation of privacy argument is rubbish.... would we amke the same argument if the victim in the case was his 5 year old daughter rather than his wife - daddy can f*ck her all he likes in her bedroom cause what goes on there is private, so he didnt think he'd get caught. disgraceful.

A search warrant will allow for the police and relevant people to be on a premises for a given number of time, and if evidence cannot be found within that time they have to leave.

It does not cover installing a video camera.

Regardless of the moral issues of the story, the cops ****ed up.