Lots of things can be categorized as accidents. But rape doesn't seem like one of them.

Last week, an employee at Weatherly Inn, an assisted living facility for Alzheimer's patients in Kent, heard a patient crying. When the employee went into the room, they found 35-year-old Douglas McGregor, a nurse at Weatherley, standing over the 71-year-old woman with his genitals exposed.

When police questioned him, McGregor told them it was all a big misunderstanding; the woman had accidentally popped off the top button of his pants, thereby unwittingly exposing him. Left unsaid is why a woman with Alzheimer's had her hand near the nurse's crotch.

Weatherly responded quickly. Calling 911 and alerting their residents' families to the alleged incident.

McGregor, who has no prior criminal history, has been charged with second-degree rape. He's currently being held on $250,000 bond.


http://blogs.seattleweekly.com/dailyweekly/2010/03/douglas_mcgregor_nurse_at_old.php

"A fender-bender is an accident. Exposing yourself to an old lady is not."

AAAAAAHAHAHAA!!!!!! Sorry, I probably shouldn't have laughed, or said I laughed.

The picture and that statement would be a perfect poster to hang up nursing homes nationwide.

....and McDonald's drive-thru's.

this does not fit the legal defenition of rape.................

This is not rape... you have to physically or digitally do something.

no rape is defined as penetration of........certain things.............. against a persons will without actually doing that, you cannot legally be accused of rape, he could though be accused of indecent exposure or something along those lines.

This kind of thing (and worse) occurs more often than you probably want to know.

We don't know that he didn't rape the woman...the person who caught him may have walked in after he was finished. If he was charged with rape, I would assume that there was evidence of rape.

From another article about this incident:

KENT, Wash. -- Prosecutors have charged a caretaker who claims he accidentally raped an elderly resident at the nursing home where he works...

...When questioned by detectives, McGregor claimed his sexual contact with the victim was accidental after she broke the button on his pants, exposing him.


Entire article: http://www.komonews.com/news/85597577.html?


Sounds to me like it was much more than just indecent exposure.

We would need to know what constitutes "Second degree rape" in Kent. He just might be guilty by definition. Yet, some things still don't add up.

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.44.050

RCW 9A.44.050
Rape in the second degree.

(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:


(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:

(i) Has supervisory authority over the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

(e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:

(i) Has a significant relationship with the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

(2) Rape in the second degree is a class A felony.

The guy should be suspended without pay or fired (or just resign considering the embarrassment), but not brought up against the kind of rape charge. There doesn't appear to have been any evidence of a struggle, but investigators can check for semen or anything like that.
The statement he gave that an elderly woman successfully exposed him is ridiculous. Unless she was maybe a big tough lady, but mostly likely she was too old and scrawny. We need a better visual here to make better arguments.

I think either way, it's "sexual assault". Whether you molest, slap someone in the face with your noodle, or pin someone down and show them your junk.

Perhaps the "rape" charge is for more (what the cops want) or less (what the criminal wants) time to serve for that specific charge.

metalgrinch wrote:

therockismighty wrote: This is not rape... you have to physically or digitally do something. How does one rape digitally?

I was also not aware that you could digitally rape someone.

Penetration with studio equipment?

I'm assuming you guys are kidding about the "digital" thing, right? I assume you all know it refers to the fingers...

I believe rape is probably a bit much in this case, especially if there's no physical evidence that the patient was "violated", but the guy (if guilty) should be flogged repeatedly. My grandfather had Alzheimer's and was in a home for a few years before he passed. I would have flipped out (in high school during that time) & beat someone down for even remotely attempting such a thing w/ my grandpa.

digital= fingers, object, anything inserted into areas.....

yes, and its Santas fault too!

^ X5