Isn’t This Rape?

September 17, 2008 / 12:24 pm • By Dr. Melissa Clouthier

Glenn Reynolds links to some guy who got caught “having sex” if you could call it that with his comatose wife. Here’s what the guy’s attorney said:

Johnson’s lawyer, T. Christopher Kelly, of Madison, said his client should be left alone.

“Mr. Johnson deeply loves his wife,” Kelly said. “He’s spent every day talking to her, holding her, trying to stay connected with her and bring her back. I think he’s entitled to privacy in this matter.”

The court sided with this guy. Am I crazy for thinking that this result is just nuts? Glenn Reynolds, says this:

I suspect, however, that if the genders were reversed people wouldn’t have cared nearly as much.

Really? Reversing the roles doesn’t make me feel any better about it. Double ew! Sex with comatose people is sick no matter who is doing it.

I would like to go on the record here and now to say that if I’m in a coma, that I revoke conjugal duties until which time I can actively consent to them, and give the hubby permission, after say, a pre-agreed time, to seek solace somewhere besides my hospital bed–as long as it’s legal. Evidently, lawyers are the reason I need to make this explicit when it seems fairly self-evident.

Tangentially, I don’t think we should judge someone who ends up divorcing a spouse who lies in a state of suspended animation for years. The medical realities mean that some people who would have died, live and for years and years.

Cross-posted at Right Wing News

Posted in Body • Corrupted Culture • Mind
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  • http://www.jennqpublic.com Jenn Q. Public

    As I understand it, the guy only got the charges dismissed because the evidence against him was collected illegally. Shame on law enforcement for mishandling an otherwise open and shut rape case. I’m sure they meant well, but guys like this rapist get off on technicalities too often.

    BTW, I’ve been following your hurricane posts. I’m glad your family is safe.

  • http://mkfreeberg.webloggin.com Morgan K Freeberg

    Well, I agree with you Melissa. But Glenn does have a good point. I remember a movie in which that exact thing took place, and the one stuffy old dude who objected to it was portrayed as an eccentric whacko. As I believe he would be if the movie came out today.

  • Trish

    I read the book on which that movie was based, but didn’t see the movie. The scene in the book was more or less rape, by a woman against a man, no less. The woman was the mother of the novel’s main character, and this was the account of his conception. In the book, the mother was played as a man-hating, over-the-top feminist. The entire story was written as broad and not very pleasant “humor”.

    Sure this is rape, and I think Glenn’s way off. I think it’s a pity that a long-term relationship should be reduced to the sexual element, and if my husband were in a coma I would neither divorce him nor cheat on him. I won’t comment on what others choose to do.

  • Phil

    …as long as it’s legal…

    Isn’t adultery illegal? As long as you’re still considered married it would seem that you haven’t given him any kind of license, at least with regard to the law. So, you may have to remove the “as long as it’s legal” stipulation, or at least annotate that he has your permission to commit adultery, since you won’t be giving up the goods in your unconcious state. I have a question though. Here’s the scenario. You go out partying, get all hammered, you and your partner, and go back to the crib and get busy. One of you passes out during the course of the intercourse. Granted, consent was given at the outset, but considering that a person has the right to change their mind after things have already started, wouldn’t that mean that both parties would have to remain conscious the whole time, or else a rape is occurring since the unconscious individual isn’t able to give continued consent?