Showing posts with label consent laws. Show all posts
Showing posts with label consent laws. Show all posts

Wednesday, December 24, 2008

Dropped sexual assault charge spurs calls for changes in the laws concerning sexual relations between caregivers and their patients

Kansas City, Missouri - The prosecutor in this case, which is reported here, argues that sexual relations between a caregiver and a patient should be outlawed. Some of the comments in the discussion following the article are in agreement. I'd be interested in your thoughts.

Here is an extract from the story:

A nurse’s aide accused of sexually assaulting a severelyrain-damaged patient won’t be prosecuted because the woman could have been capable of consent, Johnson County prosecutors say.

Although a doctor said the woman in her 40s had the mental capacity of a 3-year-old, she could have met the requirements for consent under Kansas law, assistant prosecutor Michael McElhinney said at a court hearing Monday.

The prosecutor’s office dropped a sodomy charge that had been filed against Brent A. Wheeler, 38, of Lawrence. He formerly worked at a Gardner rehabilitation hospital where the incident allegedly took place.

The case illustrates the difficulty of prosecuting cases in which the victim has a mental disability, and some people are calling for a law change that would outlaw sexual relations between caregivers and their patients.

The story in full is here.