December 7, 2012
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Consenting to a Blow Job
A woman nurse in a jail was charged with a criminal sexual act for giving a male inmate a blowjob.
She could go to prison for 4 years.She was charged because the man was “legally incapable of consenting to the conduct” because he was in jail. Here is the link: LinkIs a man incapable of consenting to a blow job if it happened in jail?
Comments (61)
Umm no.
……….
NO!! What the fuck. He would only be unable to consent if he was mentally ill or impaired, like schizophrenic, and didn’t know what was going on.
If that’s the case then how do you explain it when it happens between inmates?….
Some of the things you come up with to post about Dan….
What the….
the actual charge is: “He’s considered a victim despite his age because an inmate in a correctional facility is legally incapable of consenting to a sexual relationship with an employee while in custody.” After he was released they smoked crack together at her house
strange… strange… strange
He’s totally capable. Him being in jail doesn’t make him any less capable of making decisions for himself. I mean sure, the nurse should’ve known better, but four years in jail? Puh-lease!
I could see it as an abuse of power that she needs to be punished for.
The article says that because he was in custody, he is LEGALLY incapable of consenting. He may be mentally capable but that doesn’t apply here. The nurse should know better.
This is the only blow job I know of. Φ ≡
The burden of responsibility is upon the nurse, in this case, she should have kept her mouth to herself.
Then they should not be legally able to consent to conjugal visits either. The employee was wrong and should be reprimanded and disciplined for her conduct as it pertains to her job, but not via the legal system, in my opinion.
This was completely random!
Oh gross, making nurses proud everywhere
It is sexual abuse for a nurse to have sexual relations with someone who is a current patient, regardless of patient consenting (breech of nurse-client relationship). I’m not sure 4 years of prison is necessary, but at least a license suspension/revocation, investigation with subsequent disciplinary hearing, counselling, rehab for the crack issue, and community service hours seems reasonable I think. I would assume jail if the patient pressed charges? I guess I’d have to know more to speculate if legal action vs just employment/nursing registration reprimand were necessary
Instead of them wasting my tax dollars on stupid shit like this, can I just light all my money on fire myself? It’d be quicker.
@Lithium98 - Best response. Ever.
weird, but interesting – as usual =D
I guess it would be statutory, probably.
Let’s hope none of us ever end up in jail and need to know the answer to this question.
My fiance is a CO and told me a nurse at the prison he works lost her job and was charged because she was giving an inmate a BJ’s on a regular basis. So the story isn’t very unique.
Is it stupid? YES! Less than admirable? Yup. Criminal? Yes. She is doing this on the clock! Her salary is paid by the taxpayers. But in regards to consent, It’s bullshit, unless the man is mentally incapacitated.
I don’t think the issue is his mental status or his IQ (as it seems like some people are implying), I think the issue is whether or not he was able to give consent without pressure from a person in power (the nurse, who is an employee of the prison where he’s being detained). We can’t rule out that she used her power to manipulate him into doing something that he didn’t want to do.
So I’m going to say yes, a man CAN be incapable of consenting to a blowjob from someone in a position of power/authority over him while in jail. What if a male employee of a female prison had done something sexual with a female inmate? Would you feel differently?
I think 4 years is a bit rough, but as a nurse she should know better so she bought it upon herself.
How silly….
People have obviously never heard of transference and I think people are being biased based on the fact that he’s an inmate. If this was a male officer doing a female inmate, people would think differently. It’s like clients who fall in love in with their therapists and the therapists are consequently charged with rape. She was unable to consent to a person in power. The therapist took advantage of his control, just like this nurse did.
My initial kick is to say “please he wanted it”.
But then I remember transference and it’s in fact possible that he was entirely transferrent upon her and she did in fact take advantage of that transference and power. That in my book is rape.
Unless they are in the psych ward, pretty sure whatever they did was more to get them IN JAIL took more thought that saying “yes or no” to a blowjob,
seriously? this is the dumbest legal thing i’ve heard.
She should receive the same punishment as the male guards receive in female prisons. Sex is sex no matter who is giving and who is receiving. WAIT A MINUTE, did we as a nation deside oral sex is sex? We might need to ask a President.
I agree, another great example of our tax dollars at work! @Lithium98 -
Gotta admit. When I woke up this morning, this question was not on my list of top concerns. But, thanks for sharing (or is that what he said to the nurse?)
Yeah, of course he can’t legally consent. She is an employee of a prison and he is a prisoner, she can be considered to be his superior, or in a position of authority. If this was a female prisoner and a male nurse or guard, I think the responses would be very different.
I think four years of prison is appropriate. Sexual abuse is not something to let off lightly.
It has nothing to do with the blow job or sexual consent. It has to do with the nature of the relationship that is beyond personal, meaning that she is, by the nature of her paid position restricted from having sexual relations with him.
It’s professional ethics. Just like a professor isn’t supposed to have sex with students, or a dr with patients etc etc. it doesn’t matter if they are both of age and consenting because the nature of the professional relationship is rife with opportunities for abuse. When one has a type of intimate “power” over a critical aspect of the other, the opportunity to use sexual persuasion, coercion or pressure is greater.
I expect many more people would think this was an issue if the nurse were male and the inmate female. But abuse of power/relationship can go both ways.
as a retured nurse I can tell you that that is not part of her description; so yes she should be punished and lose her license.
huh… why do I always get the wrong nurse?
no matter what you think of the legality of it all, she should never have given this blowjob to the inmate…Violates her code of ethics as a professional nurse. Sorry, she was wrong! (I don’t have anything against blowjobs. ) She deserves some kind of punishment…Not a good choice for sure!! Christy, RN
This has to be one of the stupidest things I’ve ever heard. Really?? I mean, from what I understand, most of the inmates would be more than happy to get a bj…I mean unless the inmate is the one pressing charges, this is really silly.
That’s really dumb. He may be a criminal but he’s not unable to consent. Isn’t the fact that he’s been convicted evidence that he is capable of understanding right and wrong and making choices? If he wasn’t I’m sure they would have used that as his defense and he wouldn’t be in prison.
Although it does seem a breech of ethics for a nurse at a facility to do that with any of his or her patients.
No, that’s ridiculous.
lol When I saw this in the news I actually thought Dan’s going to post on this… trololol
It’s not that he is incapable of consenting. She is prohibited from being intimate with inmates because if she is, she cam be compromised, endangering other staff members.
She is a person of authority. They have very strict rules against any sexual contact because it should be said that they were fearful of not consent because they could be reported, etc. If it was reversed, and it was a guy employee and a girl inmate, how would all of this read?
@ShimmerBodyCream - I say she needs paddled. I am on it.
@Lithium98 - Ha! Well said.
M Crazys correct……..
( i gather this is a hypothetical story, right?)
@SasGal - Exactly.
This is why there are legal dictionaries completely separate from the literal. She should have asked the guard in charge of the block, or the front desk.
I think that people are looking at this entire thing from a skewed perspective, how about the fact that humans are innately predisposed towards being social sexual creatures, and that for some people this facet of humanity has more of an impact on their lives in terms of both mental and physical health than others. If society were truly interested in promoting behavioral change, rather then punishing, it would come up with a better system, than locking humans up and disregarding aspects of their humanity, that when left unnurtured is only going to exacerbate the problems that landed them in jail to begin with.
Instead of judging this people, you may be better served toward looking at solutions. It has be proven, scientifically, that humans, most mammals for that matter, would rather seek out the comfort of connection how ever it plays out, then even meeting their basic necessities for life. Blanket Moral Statements that have Legal Implications, serve no one. I mean who really has the power to judge, just because some people abuse their power over others some of the time, does not mean ALL people abuse their power over others ALL of the time. We make these laws to overprotect ourselves, out of a sense of disproportionate fear to the reality. It is not only not constructive, it is damaging, because the LAW is black and white, it completely disregards choice, or personal freedoms, in the circumstances where that was the case, so that they can PUNISH the ones the laws were aimed at. Saturating society with moral laws, to overprotect the few who desire it, serves only the few, and damages the greater consensus who would have no moral inclination to feel that such behavior was WRONG. Regardless of gender.
Their may well have been Transference, or a cultured mindset where he was so desperate for affection and human connection that he latched onto this person to feel something, or it could be any number of reasons, but blind obedience to black and white thinking, is not productive, in any respect. How about you start thinking about the circumstances that may have caused such a situation to arise in the first place, and do it with an extremely open mind. People are to quick to punish, and seek retribution, evoke moral laws into being, and disregard the nature of Humanity for those who run afoul it. That might be one of the reasons, the US enslaves more of its population than any other country. Our Judicial system is fundamentally flawed, our culture is fundamentally flawed.
Naughty Nurse…
My kinda nurse!
I think the point they are trying to make is that it’s done under the cover of her authority as a prison keyholder. He “could not refuse or face possible consequences”. Regardless, any type of sexual contact with an inmate is a felony period. Inmate to inmate contact or inmate/significant other contact are all different animals. She will probably end up doing some time for this “crime”.
That is nonsense.
keepin it classy I see~
@nihaokeisha - I agree.
He’s an adult not some underage teenager.
This is amazing that you all would reply to this. Unless the male patient came to me crying, yelling and screaming, pleading for help (in an aroused state mind you), no one should really care. No one I know would turn down a bj from a female nurse if they were in prison. And of course, after being subjected to that sort of treatment by a nurse, I would be a much more docile inmate, more comfortable with my surroundings (it was a female nurse…right???). This ‘legal intervention’ crap is cruel and unusual punishment, over the edge, missed the point. Just more gov’t control.
When the cooks serve hot dogs to female inmates, they have to cut them into small pieces, otherwise…..
@doremi287 - government control is kind of the point in a prison……..
@phantomFive - Do you want the government controlling your blowjobs? Anywhere? Ha-ha!
@doremi287 - I have no problem with them keeping prison guards from giving blow jobs to prisoners.