Jury: Iowa man not guilty of sexually abusing wife who had dementia

GARNER, Iowa (AP) — A former Iowa lawmaker has been aquitted of sexually abusing his wife who suffered from dementia, in a case that centered on questions about when a person is no longer mentally capable of consenting to sex.

Jurors on Wednesday found 78-year-old Henry Rayhons not guilty of abusing his wife, Donna Lou Rayhons. He was accused of having sex with her at her nursing home on May 23, after being told she was no longer mentally capable of consenting due to her Alzheimer's disease.

She died in August.

Jurors weighed testimony from family members, doctors and investigators throughout the trial. In closing arguments, Rayhons' defense attorney said a guilty verdict could have widespread implications, but prosecutors countered that a not guilty verdict would put others with dementia at risk.

Many couples experience illness, but what happened with the Rayhons has little precedent. Experts could not think of another rape case that involved a previously consenting spouse who could no longer legally acquiesce.

Rayhons’ tale was profiled Monday in a story titled ‘Sex, Dementia and a Husband on trial at Age 78′ in the New York Times. The story alleges that in the days before Donna was placed in a nursing home, she could not remember her daughters’ names or how to eat a hamburger. But some experts argue sex can still be consensual long into dementia, and there is no allegation that Mrs. Rayhons resisted or showed signs of abuse.

It is widely agreed that the Rayhonses had a loving relationship, the Times reported.

The case brings to light an ever-pressing question, the Times reported. One that will become more pressing as Baby Boomers continue to age:

How can anyone determine whether a person with dementia can say yes to sex? Who has the right to decide?