Patient in vegetative state gives birth

HellsBells said:
I wouldn’t be surprised if his defence is that he wasn’t the only one doing it.

Sadly.
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I would, considering it would get ruled out on relevance grounds. He's not being charged with fathering a baby. He's charged with sexual assault and abuse. It literally doesn't matter to his guilt whether others raped her too. The child just happens to be some rather hard-to-dispute evidence against him.
 


itscoldinhere said:
If shes been in a vegative state for 23 years she must be breathing independently otherwise they would pull the plug Shirley?
All cases like this as well as dementia patients should have 24 hour CCTV in there rooms imo
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Seems unworkable. 24 hours of CCTV footage would be about 15-20GB of space according to a quick google. They'd need to store about 4.0-5.4TB of video to be able to go back and have video of the perpetrator in the act in this case.

Regardless of space, recording someone 24/7 doesn't really seem to be treating them with dignity, they would be getting recorded while getting washed and changed and the like. If a relative of mine was being recorded 24/7 as a matter of course in a residential home I'd have issues with it tbh.
 
We had a debate at work the other day about something kind of similar. If a husband has sex with his wife who has dementia, is it rape? It's all about consent and capacity this debate and with people with dementia sometimes knowing what's going on then the next minute not it's one for discussion . Obviously the lass in the article sounds as though there's no capacity or consent gone on.
 
cornish mackem said:
We had a debate at work the other day about something kind of similar. If a husband has sex with his wife who has dementia, is it rape? It's all about consent and capacity this debate and with people with dementia sometimes knowing what's going on then the next minute not it's one for discussion . Obviously the lass in the article sounds as though there's no capacity or consent gone on.
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You've answered your own question, it depends on if they have mental capacity.
 
cornish mackem said:
We had a debate at work the other day about something kind of similar. If a husband has sex with his wife who has dementia, is it rape? It's all about consent and capacity this debate and with people with dementia sometimes knowing what's going on then the next minute not it's one for discussion . Obviously the lass in the article sounds as though there's no capacity or consent gone on.
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the thing to remember (with your example) is that mental capacity is question/decision specific - you cant just say 'person has lost capacity' - each thing has to be treated (within reason) separately

ie, does this person have the capacity to manage finances, does this person have the capacity to determine where they want to live, does this person have capacity to decide do they want to be with their partner (and have sex), etc
 

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