Husband Charged With Being Intimate With Wife Who 'Couldn’t Consent'

A 78-year-old faces prison time for allegedly having sex with his wife. The man, Henry Rayhons, is standing trial for allegedly having sex with his wife in her bed in a nursing home -- after nursing staff warned him that her Alzheimer's disease meant she no longer could consent to sexual activity.

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Rayhons denies he had sex with his wife that night, though the wife's roommate says she had heard what sounded like sexual noises coming from the bed -- she later said she couldn't determine what the noises were. Rayhons also reportedly told an investigator, who was wearing a wire tap, that he'd "tried" to have sex with her but didn't.

Wow, it's not clear what happened here and this will take a jury to decide, but what a heartbreaking scenario! Here this man has lost his wife to the horrible disease of Alzheimer's -- and he's not even allowed to express any kind of physical affection with her anymore. How do we know that although she may have lost her memory she may still not desire sexual activity?

In fact, that is what one expert testified, saying that Alzheimer's victims often retain the desire for sexual contact although they may have lost speech and memory functions.

Because Donna Rayhons' doctor determined that she was no longer able to consent to sex, the staff had to warn her husband not to even try it. He reportedly said he understood, but later the family said that was unclear.

Ugh, this just sounds like a tragedy all the way around. On the one hand, you definitely don't want an Alzheimer's patient who may not understand what is going on to be forced into sex she may not want -- but what if she does want it? How could she express this?

Apparently Henry Rayhons was allowed to kiss and hug his wife -- why that, but not sex?

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Seems like this is something married couples should discuss amongst themselves before anyone develops this tragic disease -- and then sign papers saying you consent to sex, even if you end up not being able to officially "consent" to it. Could save your spouse ending up in prison!

What are your thoughts on this?

Image via Tamas Panczel – Eross/shutterstock

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