Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading

When Do Private Text Messages Between Two Individuals Justify Punishment?

text

I’d like to say “never,” except that when especially offensive private text messages become public, they aren’t private any more. As with e-mails, any time you send a text message that you know will embarrass you if it falls into malign hands or is seen by righteous eyes, you have authored the means of your potential destruction.

That’s not right, but that’s the way of the world.

Thus a Washburn University Phi Delta Theta fraternity member posted a photo of a man with a topless woman in bed as part of a fraternity text exchange following a chain of crude text messages between frat members. These were obtained by The Topeka Capital-Journal on a slow news day—Wow! Stop the presses! College guys are crude!-–and before you could say “thought control,” the national Phi Delta Theta organization suspended the Topeka campus chapter.

“We are very concerned by the messages reviewed thus far. Phi Delta Theta is a values-based organization and any behavior or statement contrary to those values is subject to significant action,” Phi Delta Theta spokesman Sean Wagner said in a statement. Naturally, the chapter president then grovelled an apology. Continue reading

Now THAT Was A Rape Culture…

I just happened to be surfing past the  Broadway Channel on Sirius XM, and found myself startled at the tone of the lyrics of that Hit Parade smash from the 1956 musical, “The Most Happy Fella,” by the great composer/lyricist Frank Loesser, “Standing on the Corner (Watching All The Girls Go By)”—especially at the end:

Saturday, and I’m so broke
Haven’t got a girl, and that’s no joke
Still I’m living like a millionaire
When I take me down to Main Street and I review the harem parading for me there..

Standing on the corner watching all the girls go by
Standing on the corner underneath the springtime sky!

Brother, you can’t go to jail for what you’re thinking
Or for the “Woo!” look in your eye
You’re only standing on the corner watching all the girls
Watching all the girls, watching all the girls
Go by!

Nobody saw anything wrong with these sentiments in 1956. It was fun, it was cute, it was innocent! A bunch of guys hanging out, leering and ogling women as they walked on the sidewalk, with “woo”—that is, lust— in their eyes and illegal thoughts in their brains, and periodically wolf-whistling at “the harem.”

Sometimes we forget—sometimes women especially forget—that our culture’s ethics regarding sexual etiquette and respect does advance, and has, as much as self-serving activists would have us believe otherwise.

 

Oh Fine, Now Candy TV Commercials Are Getting Smutty

Reeses

At 8:46 AM, a Reese’s Peanut Butter Cups commercial popped on TV. “Women want like to make it last,” bold type told us. “Men are done in seconds.”

“Typical.”

Who decided that gratuitous sexual innuendo is inherently hilarious and appropriate in every context, at every moment? Well, no one yet. Again, it is the boors in ad agencies and clods in corporate boardrooms who are pushing us down this uncivil, impolite, needlessly sleazy path.  We can remind them that there are limits dictated by taste and decorum, or we can just shrug it off, part of the irreversible ratchet process called “defining deviancy down.”

Of course, we can’t expect advertisers to display respect to their audiences if their audiences prove they deserve none.

How long do you think it will be before we see a Reese’s ad featuring a kinky couple mid-sexual romp, and the naked male points to his erect penis, crying, “Hey! You got peanut butter on my chocolate sauce!” Then his partner, after, ah, checking it out, cries, “Mmmmm! But it tastes great!”

At this rate, not long at all.

Once Again, We Are Reminded That Beauty Is Only Skin Deep. Do ESPN Viewers Care? Should They?

Let me tell you, it's quite a shock when Britt's head spins around and that forked tongue starts flecking...

Let me tell you, it’s quite a shock when Britt’s head spins around and that forked tongue starts flecking…

Anyone who spends much time watching TV knows that “lookism” is the way of the world in the broadcast news business. From Nora O’Donnell on ABC to Robin Meade on HLN to Erin Andrews and the bevy of Fox blondes, it is obvious that if you are female, talent as a reporter won’t get you as far as some beauty contest creds. Plain, even conventionally pretty women are  at a great competitive disadvantage in this field.

One of the more blatant beneficiaries of this bias, ESPN’s Brit McHenry, has just been outed on the web as an ugly human being in a flashy disguise. Her car was towed, and a camera caught the reporter taking out her frustration on the poor clerk who was tasked with collecting her fee.

“I’m in the news, sweetheart, I will fucking sue this place,” McHenry says as the video opens.“Yep, that’s all you care about, is just taking people’s money,” she continues. “With no education, no skillset, just wanted to clarify that. … Do you feel good about your job? So I could be a college dropout and do the same thing? Why, cause I have a brain and you don’t?…Maybe if I was missing some teeth they would hire me, huh? ‘Cause they look so stunning … ‘Cause I’m on television and you’re in a fucking trailer, honey.”

“Lose some weight, baby girl,” she taunted as she left.

Yecchh. Continue reading

Already, Clinton’s Compulsive, Clumsy Lies Are Flowing: Are Her Supporters Really Going To Pretend Ethics Don’t Matter To The Bitter End?

If you don't know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help...

If you don’t know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help…

Hillary lies. That’s what she does. She can’t help herself; she does it by reflex, even when there is no reason to. Even when one includes Richard M. Nixon, whose reputation as a liar was think well before he became President, Hillary Clinton’s record is remarkable. She lies about little things (Claiming to be a Yankee fan), big things (conservatives made up the Monica story); she lies without caring who the lies hurt (the White House travel office debacle), and lies to make herself look heroic (her Brian Williams-like tale about being under fire). She lies to try to duck responsibility for her own actions (saying that her use of a  private e-mail server was compliant with government rules), and she lies when it is obvious that what she is saying is ridiculous (she and Bill left the White House in penury.) Unlike her charismatic husband, she’s not even good at lying, and apparently practice doesn’t help, in her case.

Yet she keeps doing it. She is not being well served by her supporters, who have given Clinton no reason to reform, improve, or respect the them or the public they are part of.  The message Clinton has received is that it doesn’t matter what she does or says. She’s a woman, and she’s a Democrat, and that’s all that matters. Have any voters adopted such an indefensible, irresponsible and civicly disgraceful approach to self-government? Well, yes, come to think or it: the 95% of black citizens who supported Barack Obama for a second term based on race and little more. That’s not mitigation.

Barely out of the gate, Hillary is at it again. Speaking in Iowa Wednesday, she told an audience that all her grandparents had immigrated to the United States, a story that public census data and other records related to her maternal and paternal grandparents show is fabrication. Continue reading

Ethical Quote Of The Month: Sgt. Shane Ortega

Trans Military Service Member

“You have to exercise patience with people, but people are not going to understand the subject overnight.”

—-Sgt. Shane Ortega, helicopter crew chief in the Army’s 25th Infantry Division, speaking to the Washington Post about his legal battle with the U.S. military, which continues to classify him as a woman despite his transition to a man.

The reason we say that “hard cases make bad law” is that the toughest cases fall between the cracks in rules and regulations, and they all have cracks. The law seeks consistent precedents, so anomalous fact patterns threaten the integrity and efficiency of otherwise effective laws and rules that work well in the vast majority of situations. Yet those hard cases usually indicate flaws in policies, rules and laws, and sometimes point to the need for change.

Often, an organization, especially a bureaucratic one like the military, will deal with such disruptive cases by simply looking past the actual facts, and treating them “by the book.” Ortega represents a particularly glaring instance of this phenomenon, which in his case not only harms his career, but also makes the military appear rigid to the point of absurdity.

Yet, as his Ethical Quote of the Month indicates, he understands. Change is painful, and it takes time. Continue reading

Typo Ethics: Early Accountability Check For Candidate Clinton

“From her mother’s own childhood – in which she was abandoned by her parents – to her work going door-to-door for the Children’s Defense Fund to her battling to create the Children’s Health Insurance Program, she’s fought children and families all her career.”

 

That doesn't mean they don't matter, however...

That doesn’t mean they don’t matter, however…

That was the startling news in Hillary Clinton’s long-awaited presidential candidacy announcement: that Hillary has fought families and children all her career. As an ethicist, I find the candor laudable, but I am surprised that Mrs. Clinton is making such a strong bid for the anti-family and child-hating voting bloc.

OK, it’s a typo. The Clinton campaign website fixed it, and her spokespeople reassured the news media “that the former secretary of state has not been secretly fighting children all these years.”

I almost passed on this story, being seldom able to post a typo-free 800 words myself despite reading the damn things repeatedly, but that would have been cowardly. This is not necessarily trivial. This bears some watching. I know that the large Hillary Zombie Squad, which appears to care only about the former First Lady’s chromosomes and nothing else, won’t give a second’s thought to this if her destruction of e-mail evidence and willful skirting of her own agency’s transparency and security policies don’t trouble them, but it is not insignificant. Continue reading

The Legal Profession’s Failure Of Professionalism Regarding Gay Marriage

blind_justice

Charles Green helpfully sent me the link to today’s New York Times piece documenting how…

“the imbalance in legal firepower in the same-sex marriage cases resulted from a conviction among many lawyers that opposition to such unions is bigotry akin to racism. But there were economic calculations, too. Law firms that defend traditional marriage may lose clients and find themselves at a disadvantage in hiring new lawyers.”

“Am I right that something’s quite amiss here?” he asks. Indeed he is, and I’ve touched on it before.

There are several factors at work here, but the result is deplorable, and indictment of the corrupt values of the legal profession. One of the factors is bias, and it is a bias that the lawyers themselves are either unaware of,  or are unwilling to avoid its effects as their professional codes of ethics require.

The majority of high-powered lawyers hail from urban centers where liberal culture flourishes among the wealthy, the powerful and the influential. These are cosmopolitan lawyers, sophisticated and urbane, who have gay colleagues, gay friends and gay children. They are less likely to be religious, and more likely to have contempt for those who are. Combine with them the legal academics who drive consensus on legal ethics matters—like most academics, they have marinated in the extreme leftist attitudes of U.S. academia—and it becomes clear why, as Michael W. McConnell, a former federal appeals court judge who teaches law at Stanford, tells the Times, “The level of sheer desire to crush dissent is pretty unprecedented.”

I noticed this in 2011, when the legal ethicists I follow, know and debate with decreed virtually en masse that a judge who was not only gay himself but in a long term domestic relationship with his partner had no ethical obligation to recuse himself before he issued the decision on the constitutionality of California’s anti-same sex marriage Proposition 8. Nor did they feel he was ethically obligated to disclose his situation before ruling. I wrote: Continue reading

Ten Ethics Musings On The “Unethical Photograph Of The Year” And The Daughters of Villi and Mary Kay

Here's my Jack Russell Rugby doing his imitation of the dog in "The Artist." It's a good antidote, at least for me, when I look at the Villi and Mary Kay family photo. Keeps the gorge down.

Here’s my Jack Russell Rugby doing his imitation of the dog in “The Artist.” It’s a good antidote, at least for me, when I look at the Villi and Mary Kay family photo. Keeps the gorge down.

I should have included these with original post, but the photo so nauseated me that I was barely capable of critical thought. I’m still nauseated, but better. So now I offer these ten question and thoughts:

1. Will this photo and its implication be used by cultural to excuse student-teacher sexual liaisons? They are grotesquely unethical when minors are involved, but professionally reprehensible even when the loving couple are college professor and student.

2. I presume it will. As I noted in the original post, this photo is a breeding ground for rationalizations, “No harm, no foul” among them, and of course, “It all worked out for the best.” This is like showing the modern China that arose out of Mao’s slaughter of millions with the face of the Great Leader superimposed over it all. It worked out so well! How can anyone argue with that?

3. Every time a grossly wrongful act creates some unanticipated good, consequentialism runs amuck. If Mary Kay  and Rape Victim Vili had produced children who had arms growing out of their mouths or who were drug-addicts and cat-burners, the same people who look at the photo now and say  “Awww!” would be pointing and crowing, “See?”

4. The proper comparison is a family created through incest. That taboo is so powerful still that a similar photo of Mom, Dad/Grandad and lovely Daughter–No, Sister! No, Daughter! No, Sister! (Sorry, I was having a “Chinatown” flashback) would not garner the kind of positive reaction too many are having to the Happy Fualaau. Continue reading