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Police Search For Rapist After Women in Vegetative State For Ten Years Gives Birth In Arizona Facility


Added 01-11-19 12:55:07am EST - “Regulars on this blog are familiar with the doctrine of res ipsa loquitur? (or "the thing speaks for itself"). One twisted case near Phoenix, Arizona would certainly seem to fit that def?” - Jonathanturley.org

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Posted By TheNewsCommenter: From Jonathanturley.org: “Police Search For Rapist After Women in Vegetative State For Ten Years Gives Birth In Arizona Facility”. Below is an excerpt from the article.

Regulars on this blog are familiar with the doctrine of res ipsa loquitur (or “the thing speaks for itself”). One twisted case near Phoenix, Arizona would certainly seem to fit that definition after a patient in a vegetative state gave birth. AZ Family reported that he victim is a member of the San Carlos Apache Tribe who nearly drowned 10 years ago. Police or the company may seek DNA samples from all male employees at Hacienda HealthCare. In this case, a positive match would by definition confirm rape given the non-consensual context.

The police served a warrant for the DNA samples. The eventual criminal charge would include a likely assortment of charges including aggravated rape. The Arizona law covers any individual who knowingly, intentionally, or recklessly acted to insult, provoke, injure or otherwise cause physical harm to another person and they engage in one or more of various conditions including serious injury or physically restrain or impair the victim’s ability to resist the assault. While the person was previously in a vegetative state, the rapist used that pre-existing condition to commit the rape. Moreover, there is a condition covering entry into a private residence with the intent to assault someone. There are also crimes of abusing vulnerable or disabled individuals. The result hopefully will be a long time in jail for the culprit.

On its website, Hacienda HealthCare says it provides care for “medically fragile and chronically ill infants, children, teens, and young adults as well as those with intellectual and developmental disabilities”.

Obviously, there is also huge potential civil liability for assault, battery, negligence, and infliction of emotional distress, including claims against the facility.

Adding to the negligence is the fact that the facility staff did not even know the woman was pregnant until she was giving birth.

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