Florida Nursing Home Lawyer Blog
A 78-year-old former lawmaker in Iowa has been acquitted of criminal charges after it was alleged he had sexual contact with his wife, an Alzheimer’s patient residing at a nursing home. At issue was the prosecution’s contention that the woman lacked the capacity to consent to sexual contact.
Defendant had reportedly been informed by staffers to “limit sexual contact” with his wife of seven years, but it was a minute-long instruction that was part of an hour-long discussion, and he would later say he believed that to mean he was advised against having sexual intercourse with his wife for medical reasons. It was his contention that his wife initiated the sexual contact after that, and he assumed that this meant she was consenting. However, no one actually witnessed the act or could verify the exact nature of it.
These kinds of discussions are uncomfortable for family members and loved ones whose elder relatives and spouses remain in the care of a nursing home facility. The fact is, people don’t lose their desire for love and human affection when they are diagnosed with dementia. They shouldn’t be denied those things if it involves consenting adults. But the degree to which people with dementia or Alzheimer’s disease or other conditions can consent is a major question that many families and even nursing homes are grappling with.