No Choice, No Consent

Sexual intercourse between two people who willingly consent to the actions results in strong human emotional bonding. The act is permissible only when the two parties involved mutually desire to engage in sexual intercourse with each other. In the following case, the mutual agreement is broken. A man engages in sexual intercourse with his wife who is in a minimal conscious state and is paralyzed after an automobile accident. The wife is a 29-year-old woman who suffered from severe brain injury, leaving her unable to care for herself. She is only able to show some response to visual, auditory and tactile stimulation. In addition to being incontinent, she is unable to walk, talk, move or eat on her own. Despite her incapacities, her husband chose to continue the sexual relationship he previously shared with his wife, but consequently she became pregnant. The pregnancy was terminated because it was in the best interest of the wife’s health. The wife’s family considers the husband’s actions rape, and notified the police. The husband’s actions go against fundamental moral and ethical principles. The husband’s actions are deemed unethical because the wife’s incompetency disables her capability to consent to sexual intercourse, leaving her with no choice.

The wife’s incompetency to make any decisions deems her unable to provide consent to sexual intercourse. Being a competent human being includes the ability to understand, appreciate and rationally manipulate information, as well as the ability to express a choice (Fischer, 2009, p. 24). The wife does not possess any of the traits associated with competency. Therefore, she is not competent enough to make the decision to consent to sexual intercourse. Not only is she unable to verbaliz...

... middle of paper ...

...tially causing the death of his child, depending on how one may define abortion and personhood. This outcome interferes with the mother and fetus’ autonomy. Being her decision maker, and making decisions that are to be in her best interest, the husband should understand why his actions are unethical and potentially harmful.

The wife’s parents were correct in being concerned for their daughter. Although rape may be a strong word for this particular situation, the husband’s actions are unethical considering the circumstances. The wife is unable to make a decision for herself, and as her primary decision maker, the husband should consider his wife’s health and the possible consequences of impregnating her. As her guardian, her best interest is to be put forth by her husband, and he should realize that engaging in sexual intercourse is not benefiting her in any way.