Police illegally videotaped man having sex with wife in a coma

[curme]

Wis. court: Police illegally videotaped man having sex with unconscious wife at nursing home

By RYAN J. FOLEY, Associated Press Writer

12:33 PM PDT, September 11, 2008

MADISON, Wis. (AP) _ Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife, a stroke victim, 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," the unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the videotapes 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 attorney, Christopher Kelly, said his client would visit his now 54-year-old wife every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy.

The woman's sister 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.

The couple married in 1988 and had no children, Kelly said.

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

Johnson's wife was admitted to the nursing home after suffering a stroke. Court records say she was unable to speak or sit up, and nursing home staff members fed, cleaned and turned her. Prosecutors say she was comatose.

Johnson visited her frequently and sometimes would close the door to her room so they could have privacy as allowed by the nursing home. But staff members tipped off police, fearing she was in danger because, they suspected, he was having sex with her.

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.

Sauk County Circuit Judge Patrick Taggart, who heard the Columbia County case as a substitute judge, tossed out the evidence last year, ruling it stemmed from 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 what they contend was illegal intercourse.

The appeals court affirmed Taggart's ruling.

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

Johnson's wife remains in a coma at the nursing home.

LA Times

Sex with your wife in a coma? That's just wrong. It's rape.

[»X«]

I don't think its rape, but its still grim. Nasty.

[JaredFrost]

I think it is rape, just because it's his wife doesn't mean he has the right to screw her whenever he wants

She's in a coma and therefore not consenting

[Panacik]

It cant say its rape. He is being faithfull to his wife by not prying else where. If she wakes up and kicks up a fuss about it, then fine, but i cant see that she would have a problem, so long as he wasnt doing anything she wouldnt normally like, like anal etc.

[primexx]

It cant say its rape.

that's like saying having sex with an underage child isn't rape.

but that doesn't excuse the police from snooping around where they shouldn't.

[Pupik]

Wait a minute with the "illegal video taping"! First of all; Why would a man, have sex with his wife that is in a coma?

[Mohammad_Khalid_Hussain]

Why did they decide to install cameras initially? Were they suspecting him of something?

[Sethos]

When you do reckon it leaks?

[JaredFrost]

If she wakes up and kicks up a fuss about it

I see, thats like saying it's ok if the chick was drunk and passed out, she wasn't -kicking up a fuss-, so it must be ok

[»X«]

I think it is rape, just because it's his wife doesn't mean he has the right to screw her whenever he wants

She's in a coma and therefore not consenting

Like corpses don't consent? That rape too?

Cry rape, and let slip the dogs of war.

[leesmithg]

I don't think its rape, but its still grim. Nasty.

It is rape, unless they follow the bible and got married in a church and are xtianz.

However, he should go have a 'swift one off the wrist' if he is so desperate for relief.

I say it's rape as there was no consent by his wife.

Man should be charged with rape.

[Yusuf M. Veteran]

I don't see anything wrong in what he did. It's his wife, geez. The police had no right to invade his privacy like that. I'm sure his wife would want him to stay happy if she knew she was in a coma.

[»X«]

I don't see anything wrong in what he did. It's his wife, geez. The police had no right to invade his privacy like that. I'm sure his wife would want him to stay happy if she knew she was in a coma.

haha I can see her coming out of the coma with her husband by her side.

"You'll never guess what I did while you was in a coma!"

"I don't know love. Why are you in handcuffs? Damn I ache all over"

[.KICK]

I don't see anything wrong in what he did. It's his wife, geez. The police had no right to invade his privacy like that. I'm sure his wife would want him to stay happy if she knew she was in a coma.

Still would need consent !

[Mohammad_Khalid_Hussain]

I still don't get why they installed cameras in the first place. Did he have a record of mental illness?

[GreenMartian]

I still don't get why they installed cameras in the first place. Did he have a record of mental illness?

... staff members tipped off police, fearing she was in danger because, they suspected, he was having sex with her.

Police obtained a search warrant to videotape the room and installed the camera, which ran for three weeks.

Serious question: Has there been a case where a man is charged for raping his own wife because he had sex with her while she was asleep?

[Green_Eye]

That is incredibly stupid this man is married to this woman! For a very long time! It is not rape. It is f'ing weird but not rape.

I say police drop charges and wait for the wife to come out of coma, tell her and let her make her decision.

NO right to invade his privacy in such a manner, that is the thing that disgusts me the most.

[+Nik Louch Subscriber²]

Hmmm, I am split on this. Rape?

Yes - she is not consenting there and then.

No - she is his wife and has previously consented.

Also, at least he still loves her and is with her - not getting it elsewhere.

Still feels a bit weird to me though! Just imagine she comes round - mid-coitus...

"Oh, um, hi. Let me just... Right. You're probably wondering what the heck I am doing... NURSE!!!!!"

[jwjw1]

When you do reckon it leaks?

:blink: and I thought the women in a coma had a serious problem

[That Guy Veteran]

Correct me if I'm wrong but I believed some coma victims can hear and understand everything around them (sound wise).

I wouldn't call this rape, but I wouldn't say it was 'right' either.

However, either way, the whole police camera thing is completely out of order whichever way you look at it.

[acnpt]

I think its rape, as she didn't give consent or any actions to suggest she wanted sex.

Not sure how it would be considered legally, in the US, but in the UK marital rape wasn't illegal until R v R 1991.

It reminds me of Kill Bill :unsure:

[cwhast]

Ok, so filming it probably wasn't the best move... but it's not the most effed-up part of the title lol

[morebaker]

It is marital rape. Because she did not consent.

Think about it if someone did you while comatose, would you like it?

You guys should think about this. If it was your Butt on the line. :x

[peacemf]

its creepy

but i think the guy is seriously messed up !

most likely he loves her and misses her, and to him she is alive and well.... so he talks to her and interacts with her as if she was all well

he is being emotional attached and clearly not in the right frame of mind

[testman]

So just cos she's married to him that means he can have sex with her whenever he wants? Some people here really are completely clueless.

It's rape, cos she didn't give consent, simple. End of.