A good summary of the evidence of this particular case is here:
Questions About*Sex and Dementia Go to a Jury for the First Time - Bloomberg Business
A more detailed account of the allegations is here:
Can a Wife With Dementia Say Yes to Sex? - Bloomberg
However the take home problem is that no one will ever know what the woman would have wanted, whether she was benefitted not harmed by whatever happened, and it is important to note there was no evidence of sexual assault or injury. And as the article concludes
Quote:
There’s potential for this case to have a good impact even if it’s a bad result for Mr. Rayhons,” Pearson says. “Other states will look at their statutes and decide if they want a case like this to be a criminal prosecution.” Or it could prompt caregivers, elder-care facilities, families, and dementia sufferers themselves to engage in discussions about what is or isn’t permissible before something uncomfortable occurs.
“Just think what would have happened here if there had been an actual dialogue with family and caregivers and even Mrs. Rayhons to find out her understanding of the situation,” Pearson says. “More time was spent on prosecution than on counseling. It’s just sad.”
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It was my hope in bringing this case to the forum that some discussion about how we would want this in our own situations might occur, not so much whether the exact particulars of this case warrant legal intervention.