Initial approval given to protect people in nursing homes

JEFFERSON CITY, Mo. -- A nursing home employee could face jail time for having sex with a resident under legislation given initial House approval Wednesday.

The bill sponsored by Rep. Rick Johnson, D-High Ridge, would prohibit employees and owners of nursing homes or of special Alzheimer's care units from having sexual relations with residents.

Sex between prison employees and inmates and between humans and animals would also be outlawed.

Violations would be punished with up to five years in jail plus fines, and up to seven years for a second offense.

Johnson said Alzheimer's patients in nursing homes lack the mental ability to consent to sex or to remember if an attack had occurred

"The defense will always say the victim consented," Johnson said.

The proposal wouldn't apply to people married to nursing home residents.

Rep. Matt Bartle, R-Lee's Summit, argued that the bill was too narrowly focused. Instead, Bartle said the proposal should address the problem of a person not being able to consent to sex -- no matter where the person is residing.