The Florida law Section 794.011(4) (e). The statue states that “anyone who commits sexual battery upon a person aged 12 years or older under the circumstance that the victim is mentally defective and the offender has reason to believe this or has actual knowledge as a fact commits a felony of the first degree” (Wilburn v state of Florida, 1998). The Florida law in Section 794.011 provides guidelines on sexual assault crimes on individuals with mental disabilities without the consent, and physical helplessness as well as evidence of injury. Section 784.08 safeguards people aged 65 years and above against sexual assault and battery (Florida legislature, 2017).
According to Florida law, there was no criminal act of sexual assault committed by Mr. Rayhons. Here, the prosecutor has to prove that the sexual act was on a person of 12 years and above, that there was penetration between the sexual organ of the defendant and the plaintiff. Nevertheless, the prosecutor must provide evidences that there was no consent by the defendant on the sexual act (Florida Statutes, 794.011). By the contract of marriage, companions consent to sexual acts to each other such that each companion has the consent of the other to have sex with them. Therefore, in the case of Rayhons, he had marital consent to have sex with his wife unlike in the case involving Wilbur v. state of Florida case. In addition, the prosecutor could not prove any form of sexual penetration by Mr. Rayhons on his wife. Consequently, the prosecutors’ case was based on hearsay from Mrs. Rayhons roommate who was not sure that the noises she heard were sexual noises. When Mrs. Rayhons was tested for sexual assault, there was no proof of intercourse or injury. Evidently, there was no proof beyond reasonable doubt of any sexual assault being committed at all not to mention by Mr. Rayhons. Unlike this case, the case involving Wilburn vs. State of Florida found tangible evidences linking Wilburn to the sexual assault. The court established that Wilburn was aware of the patient inability to give sexual consent and the victim was mentally defective
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Mr. Rayhons had no intention of committing the crime of sexual assault on his wife. First, it was explained that Mr. Rahyons had a mutually loving relationship with his wife and the nurses testified that his wife was always happy to see him. Mr. Rayhons confesses that his wife continued to desire and initiate intimacy while at the nursing home. This shows there was no reason why Mr. Rayhons intended to commit a sexual assault when his wife was not against the idea of sex in the first place. Secondly, Mr. Rayhons and his family had already been briefed about the Mrs. Rayhons incapacity to consent to sexual acts according to the trial report (Senzarino, 2015). For a loving husband who is believed to have been devoted to his wife; it would be contradictory to intend to act on his wife in that way. Therefore, the facts provided in the case do not provide sufficient evidence to show Mr. Rayhons intent to commit a sex assault on his wife. There was no evidence linking Rayhons for using physical force which could cause severe injury to his wife as witnessed in the case involving the State of Florida vs. Rider.
People who have Alzheimer can and have moments of capacity when they are aware of their actions as well as understand the consequences of their actions. Loss of memory and inability to make responsible decisions are characteristics associated with people who have Alzheimer disease. The capacity to make decisions vary on different patient depending on the level of advancement of the disease. People with dementia can therefore not be totally assumed to be incapable of making decisions. Capacity in dementia is also dependent on a particular moment in time. Patient of dementia may recover their memory for a moment, and at that moment they are aware of the decisions they are making and what the consequences they are getting into. The presence of loved ones and familiar surroundings give patients comfort and calmness in which they might be able to be aware of their actions. The law states that any help that may aid people with dementia into making sober decisions should be offered. It also acknowledges that dementia patient can also make unwise decisions as anyone else (Killen, 2012). In the case of Mrs. Rayhons as evident in the trial report, nurses testified that after numerous tests Mrs. Rayhons memory had worsened to a point where she would hardly remember the year or the name of her daughters. However, Mr. Rahyons testimony to Mrs. Rayhons making sexual advances on him during other visits as well as his testimony that on that day they prayed, held hands and kissed means that it is possible that Mrs. Rayhons had those moments when she was in aware of her surroundings.
In conclusion, Mr. Rayhons neither committed nor intended to commit the crime of sexual assault on his wife. It is evident from Mrs. Rayhons daughter testimony and that of the nurses that Mr. Rayhons had a good relationship with his wife. Consequently, their history together was one of love and mutual devotion. Secondly, the evidence presented in this case by the state of Iowa does have so many loops holes and is inadequate to prove their case. The evidence is based on hearsay and other evidence such as the sperm found on Mrs. Rayhons bedding inconclusive in that although found to match her husband it would not be traced to the particular day when the prosecutor claimed the crime happened. The case lacks sufficient evidence to prove that Mr. Rayhons committed the crime or intended to commit the crime let alone proving beyond reasonable doubt. Despite being a patient of Alzheimer, Mrs. Rayhons must have had moments when she came to and was aware of her surrounding and consequences of her actions.
References
Florida Legislature (2017). Chapter 794: Sexual Battery & Chapter 784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence. The Florida Legislature. Retrieved on 20 April 2017 from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/0794.html.
Killen, J. (2012). Dementia: Making Decisions. Alzheimer Scotland. Retrieved on 20 April 2017 from http://www.alzscot.org/assets/0000/5331/Dementia-Making-Decisions.pdf.
Senzarino, P. (2015). Trial report: Doctor testifies to severity of Donna Lou Rayhons' dementia. Globe Gazette. Retrieved on 20 April 2017 from http://globegazette.com/news/iowa/trial-report-doctor-testifies-to-severity-of-donna-lou-rayhons/article_a12e1e08-d504-55c9-9b38-66d6ccf014a9.html.
