Charges Dropped Against Man Accused Of Sexually Assaulting Wife

Felony Sexual Assault Felony sexual assault charges have been dropped against a Wisconsin man for having intercourse with his comatose wife.  Prosecutors’ case against the man relied on videotapes evidence of the man engaging in intercourse during visits at the Divine Savior Nursing Home in Portage, Wisconsin. However, the Fourth District Court of Appeals ruled that the videotapes are inadmissible in the case. The court found that the man’s  Fourth Amendment rights against unreasonable searches were violated when police installed a hidden camera in the wife’s nursing home room.

According to reports, the couple was married in 1988 and had no children.  Read more about this case involving felonious sexual assault here.

In addition to constitutional issues, this case also demonstrates the need for nursing homes to install video cameras in their facilities.  Regardless of how you feel about the Appellate Court’s ruling, video cameras placed in comatose patients’ rooms provide an additional layer of security currently not in place to protect this particularly susceptible group.  What if the incident above involved an intruder or nursing home employee?  How would the prosecutors be able to make their case?


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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric