“Would You Say that in Front of Your Grandmother?” – A Discussion on Sex, Senior Citizens, and the Liability Issues Facing Long-Term Care Providers

It was a second marriage for both Henry and Donna Rayhon, so when Donna developed Alzheimer’s, Henry explained that the couple would try to make the most of the time they had left. When Donna’s condition worsened, she moved into a long-term care facility, where Henry frequently visited her.

Not long after she moved into the community, Donna’s daughters from her previous marriage met with nursing home staff and a physician regarding Donna’s mental capacity and specifically her ability to consent to sexual activity. They subsequently gave Henry a document stating that Donna was incapable of consenting to sex. Eight days later, Henry, a 78 year-old former Iowa congressman, was charged with a Class C felony after he was overheard to be engaging in what sounded like sexual activity during a visit with his wife.

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