How is this guy at fault?

Question

http://news.yahoo.com/s/ap/20080730/ap_on_re_us/woman_in_bathroom

If he had physically removed her from the bathroom, wouldn't he have been subject to prosecution for assault or kidnapping? If the genders had been reversed in this incident, would the woman have been convicted?

Answer 1

No, he wouldn't. This woman has serious mental issues; he would not have been prosecuted for trying to help her. I would still support the conviction had the genders been reversed; that's what feminism is about.

By the way, he's not going to jail for this, he's going to jail because he flashed a teenage girl.

Answer 2

Assualt or kidnapping for removing his girlfriend from the toilet? I don't think so...I think it is wrong because it's neglect. She's mentall ill and as her partner he's responsible fr her.

Answer 3

Was he the legal caregiver? I don't think there are legal responsibilities when someone is simply a live-in partner. While his actions were negligent, I don't know how he could be held legally responsible unless he was a court appointed caregiver, or they had a common law marriage.

Answer 4

Does the fact that he  "pleaded no contest last month to a misdemeanor count of mistreatment of a dependent adult"  have any basis in reality for you......She was a dependent adult which means he was responsible for her physical/mental  well being (ie he was getting her disability payments) to secure any help she needed.    

Someone staying in a bathroom over an hour would have signaled something a miss for me, regardless of my gender.   I would have called for help sooner than 2 years.

Answer 5

She was physically dependent on him and he neglected care.

I suppose you think his flashing teenagers is a-okay too?

How bout if gender wasn't even an issue? What if the VICTIM were a man too, would your outlook change then?

Answer 6

I've read this article, but honestly this is not a gendered issue. It has to do with dependence and negligence, not gender.

In this case, or in a similar one, if someone is failing to care for themselves, it is commonly expected that as a caregiver, you would do this for them. Removing her from the bathroom in this case, unless it is done violently, would not be considered assault or kidnapping.

This is a case of negligence, where one person stood by and allowed another person to deteriorate and harm themselves; they were aware of it, and they did nothing. It could have been the same with genders reversed.

In my view however, the best response would have been to call outside intervention rather than removing the person oneself from the toilet seat. He could have called the police, an ambulance, a social worker, or even notified a friend or family member for some advice. Instead, he simply brought her food.

Someone who is clearly unable to take care of themselves requires you to be able to care for them, and he failed to do this. I would feel the same way if it had been her sister or mother who had done this, it has nothing to do with the fact that he is a man, and everything to do with the fact that he left her there knowing there was something quite alarming going on, and didn't intervene.

As for the final comment about exposing himself to a teenage neighbour, though this is equally disturbing, it is completely unrelated to the case and was only used here to discredit him, which is unfortunate, but also unrelated to the fact that he is a man.

Answer 7

it was her idea its her fault she is a adult. Your right woman get off for everything.

Answer 8

This is just another example of how the Nanny State wants to blame everybody else for someone's inappropriate behavior. The guy did nothing wrong and shouldn't have been prosecuted. The woman had a brain. It's not his fault she didn't use it.

And we don't know the full story. He could've tried to get her help, but she refused or begged him not to drag someone else into this. Where was her family while she was in the bathroom for two years? Where were her friends? Why isn't anyone blaming them for not helping her? The whole thing is complete and utter nonsense.

On the other hand, the exposure thing is disgusting and he definitely should go to jail for THAT!

Answer 9

this is too strange of a case for me to call...i feel that he did neglect her psychological state because he allowed her to remain in the bathroom for that long, but on the other hand he obviously was feeding her. So it can be argued that he wasn’t neglecting her at all, but better yet trying to take care of her; not in the way I would have, but in his own way he was. But when it comes to whether a woman would have had the same charge for this "crime" i want to say no. although, this is subject to the judge handling the case and the people prosecuting the defendant. I will say this though, women are treated less harshly than men in the court room. They generally get less time in jail, for similar if not identical crimes as men.

Answer 10

His fault in the main case is not alerting the authorities before time. It's a short report so it's hard to ascertain what was going on, but if she was in medical need or needed psychiatric help, he was shirking his duty to her.

He did also expose himself to a teenage neighbour.

Answer 11

Okay, so he IS the caretaker here (answer edited-I didn't know that before).  Well, then he is at fault.  He should've got her help.  And in this case, I do think a woman would've been charged.

Answer 12

Because if it was a child then they would be calling the father a monster and the mother a victim...

Its a bizzare case but i agree that it was a criminal act, now they just have to start charging women with the same kinds of crimes when they committee them and stop refering to them as victims of circumstance, not just let this guy off

By the way, I think he should be getting mental help and probation

Answer 13

Wait a minute.

Where were these woman's CLOTHES?

Answer 14

It's neglect.

If a you have a grossly obese man, talking 700 pounds cant get out of bed and the wife does nothing to help just brings food.  She can be, and women have been charged with neglect.

It's a pretty basic concept, your not suppose to stand by and let someone destroy themselves or others.  Your suppost to say something, help them, go get help....you do something.

your girlfriend refusing to come out of the bathroom for two years isnt normal.  She will more then likely never walk again.

If he had only called someone.

Answer 15

First of all he wasn't arrested for letting her stay in the bathroom. That woman must have some serious mental illness. Why on earth would anyone want to stay in a bathroom for 2 years? I agree with you on the point you made about if he would have removed her against her will he could have gotten in trouble with the law, on the other hand he could have called in some help like maybe a psychologist. If he really cared about her he would have tried to help her. He was probably the reason she was in there. On the other point you made about if the genders were reversed I believe in feminism and all that, but people have taken it way too far. If the roles were reversed the woman probably wouldn't have gotten in any trouble and it just isn't fair that women are treated better than men in certain situations.

Answer 16

It sounds from the article like someone else was prosecuting; I don't think she's the one pressing charges. I could be wrong, though.

Anyway, she was in the bathroom for two years-- after someone that you care about has stayed in a bathroom for over a DAY, you should realize something's going on. He should have gotten her psychological help.

I don't think that gender matters in this particular case. If it had been a woman, she would also have been convicted.

What a bizarre situation, though!