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Legal question: comatose wife


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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Dec 22 2011 10:13 pm Reply with quote Back to top

If I have a comatose wife, am I legally allowed to have sex with her?

If not, what if I can prove a prior pattern of consent?

Also, what if I have power of attorney, which allows me to give legal consent in her stead?
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aika
Title: Narcissist
Joined: Apr 25 2008
Location: On the table.
PostPosted: Dec 22 2011 10:19 pm Reply with quote Back to top

I thought having sex with a comatose woman is what men generally dislike.


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Ice2SeeYou
Title: Sexual Tyrannosaurus
Joined: Sep 28 2008
Location: South of Heaven
PostPosted: Dec 22 2011 10:27 pm Reply with quote Back to top

"If you want me to have sex with you, give me absolutely no sign."

"Thy will be done."


Sydlexia.com - Where miserable bastards meet to call each other retards.
 
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aika
Title: Narcissist
Joined: Apr 25 2008
Location: On the table.
PostPosted: Dec 22 2011 10:28 pm Reply with quote Back to top

lol

Seriously though, I'm pretty sure a lack of consciousness implies a lack of consent, regardless of your martial status.


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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Dec 22 2011 10:34 pm Reply with quote Back to top

What if she consented every time she was able to do so? Doesn't that imply consent?
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aika
Title: Narcissist
Joined: Apr 25 2008
Location: On the table.
PostPosted: Dec 22 2011 10:36 pm Reply with quote Back to top

No. Men can rape their wives even if she has consented every single time before.


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Black Zarak
Title: Big Coffin Hunter
Joined: Feb 01 2006
Location: Phyrexia
PostPosted: Dec 22 2011 10:39 pm Reply with quote Back to top

...

Got something you want to get off your chest, Syd?


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Greg the White
Joined: Apr 09 2008
Location: Pennsylvania
PostPosted: Dec 22 2011 10:39 pm Reply with quote Back to top

If it's that much of a problem, watch Kill Bill, and you won't really have the urge anymore.


So here's to you Mrs. Robinson. People love you more- oh, nevermind.
 
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
PostPosted: Dec 22 2011 10:42 pm Reply with quote Back to top

aika wrote:
No. Men can rape their wives even if she has consented every single time before.

What if you have power of attorney which allows you to give legal consent in her stead, though?


<Drew_Linky> Well, I've eaten vegetables all of once in my life.

 
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Tomdincan
Title: Test Icicle
Joined: Oct 02 2010
Location: Temple Shalina
PostPosted: Dec 22 2011 10:44 pm Reply with quote Back to top

Depends on the power of attorney type. Are we talking general or durable?


I'm not a psychopath. I'm a high-functioning sociopath.
 
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aika
Title: Narcissist
Joined: Apr 25 2008
Location: On the table.
PostPosted: Dec 22 2011 10:46 pm Reply with quote Back to top

Captain_Pollution wrote:
aika wrote:
No. Men can rape their wives even if she has consented every single time before.

What if you have power of attorney which allows you to give legal consent in her stead, though?

I think you guys misunderstand what power of attorney extends to. Regular power of attorney is for signing legal documents/handling financial issues when someone is actually still sane/capable of making them as well. Durable power of attorney is the same thing, that also continues after they become incapacitated. Hence the durable part.

These are all financial/legal sort of things, like selling property or having access to their bank account. Nothing having to do with consenting to sexual intercourse when you're unconscious. You wouldn't be able to make that decision for someone else when they were conscious. Why do you think you could if they were unconscious?


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Tomdincan
Title: Test Icicle
Joined: Oct 02 2010
Location: Temple Shalina
PostPosted: Dec 22 2011 10:50 pm Reply with quote Back to top

Just hook up with the nurse instead.


I'm not a psychopath. I'm a high-functioning sociopath.
 
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Ice2SeeYou
Title: Sexual Tyrannosaurus
Joined: Sep 28 2008
Location: South of Heaven
PostPosted: Dec 22 2011 11:01 pm Reply with quote Back to top

What if you have the legal right to donate her organs? Can you donate her vagina to yourself?


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Black Zarak
Title: Big Coffin Hunter
Joined: Feb 01 2006
Location: Phyrexia
PostPosted: Dec 22 2011 11:03 pm Reply with quote Back to top

And it gets weirder...


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Bob Dylan`s Blues
Title: Worlds Strongest Man
Joined: Jun 08 2011
Location: Your nightmares
PostPosted: Dec 22 2011 11:04 pm Reply with quote Back to top

God I love these forums. This is something just stupid enough to cause a serious debate in america if it was real.
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Black Zarak
Title: Big Coffin Hunter
Joined: Feb 01 2006
Location: Phyrexia
PostPosted: Dec 22 2011 11:06 pm Reply with quote Back to top

It'll happen man, it'll be in the news next week: "MAN ACCUSED OF RAPE OF COMATOSE WIFE 'I have power of attorney!' RAPIST CRIES"


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sidewaydriver
2010 SLF Tag Champ
Title: ( &#865;� &#8
Joined: May 11 2008
PostPosted: Dec 22 2011 11:32 pm Reply with quote Back to top

As a registered sex offender, I can assure you that you cannot bang your wife while she is in a coma. That is why you must have her sign a document and get it notarized which says that in the event of a coma, you are allowed to have sex with her. You have to be very specific in the document though because if you don't list sodomy and you what what in her butt, you broke the law.


Shake it, Quake it, Space Kaboom.
 
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Black Zarak
Title: Big Coffin Hunter
Joined: Feb 01 2006
Location: Phyrexia
PostPosted: Dec 22 2011 11:34 pm Reply with quote Back to top

Do you have to alert your neighbors that you are a comatose woman sex offender in addition to your normal sex offender introductions? Your block must love you.


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sidewaydriver
2010 SLF Tag Champ
Title: ( &#865;� &#8
Joined: May 11 2008
PostPosted: Dec 22 2011 11:37 pm Reply with quote Back to top

Black Zarak wrote:
Do you have to alert your neighbors that you are a comatose woman sex offender in addition to your normal sex offender introductions? Your block must love you.

Why don't you come over to my van and I'll explain it all in detail over some candy.


Shake it, Quake it, Space Kaboom.
 
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Black Zarak
Title: Big Coffin Hunter
Joined: Feb 01 2006
Location: Phyrexia
PostPosted: Dec 22 2011 11:38 pm Reply with quote Back to top

Why, that sounds just lovely. Will there be puppies?


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"Let that be a lesson to you, your family and everyone you've ever known..."

"Thanks to denial, I'm immortal!"
 
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Natsu
Joined: Sep 17 2010
PostPosted: Dec 23 2011 12:14 am Reply with quote Back to top

Only way it may be possible is if she specifically signed some agreement of what can be done in that situation.

Medical doctors may step in, and say it's not allowed in the hospital, or that it may put her life in jeopardy, I don't know. It could get complicated but perhaps with the proper legal agreement on paper between you and her it could work.
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Hacker
Banned
Joined: Sep 13 2008
PostPosted: Dec 23 2011 02:58 pm Reply with quote Back to top

Nobody could possibly be that fucking stupid... could they?

The hell is wrong with you people?


... Besides, paraplegics are where it's at.
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Dec 23 2011 02:59 pm Reply with quote Back to top

What if I live in one of those iffy countries where wives are property?
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LeshLush
Joined: Oct 19 2009
Location: Nashville, TN
PostPosted: Dec 23 2011 03:12 pm Reply with quote Back to top

Syd Lexia wrote:
What if I live in one of those iffy countries where wives are property?

Then quit dumping money into keeping her comatose after medical costs have exceeded her blue book value. At that point you should sell her for parts and buy a new one.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Dec 23 2011 03:18 pm Reply with quote Back to top

Sex with a person who can't consent, even if you're pretty sure they would consent, is rape. No matter what sort of documentation, relationship, or whatever you may have.

The answer may have been different in the before times before spousal rape laws and the like, but as the laws are currently, it's a no go.

And now for the tasteless joke part of the post...

...

...Everyone already got all of the good ones...

...Oh, I know. If you want a woman that doesn't move in bed...well...you were already married...
Fuck it.
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