Rayhons: 'Truth finally came out' with not guilty verdict

GARNER, Ia. –

Whatever former state legislator Henry Rayhons did with his wife in a nursing home last May 23 was not a crime, a jury decided Wednesday.

Cheers and tears of friends and family filled the Hancock County courtroom when the jurors returned their verdict, acquitting the 78-year-old retired farmer of sex abuse. The case was watched across the nation because of the difficult questions it raised about a woman's ability to consent to sex while in the debilitating grips of Alzheimer's disease.

"The truth finally came out," an emotional Rayhons said minutes after the verdict was returned. "I have a terrific family and I want to thank them so much for being with me."

Linda Dunshee, Donna Rayhons' daughter, declined comment Wednesday afternoon, noting that her side of the family hasn't spoken publicly and is holding to that decision. But she testified at trial that the prosecution had been "absolutely horrific" for her family.

FULL RAYHONS TRIAL COVERAGE:

• Rayhons jury deliberates in 'unprecedented' sex abuse case
• Rayhons testifies, denies he had sex with wife
• Donna Rayhons' roommate unsure if sounds were sex
• Rayhons told investigator he didn't force sex on wife
• Doctor testifies to Donna Rayhons' mental state
• Henry Rayhons' stepchild denies bitterness played role

Prosecutors had contended Rayhons was guilty because he had sexual contact with his wife, Donna Rayhons, after nursing-home staff members told him she was mentally unable to consent. Rayhons took the stand in his own defense Friday, repeatedly breaking into tears as he denied he would hurt his wife of seven years, who died last August.

Rayhons testified that on May 23, 2014, the only physical contact he had with his wife was kissing and holding hands.

He said that before that day, there were a couple of occasions in the nursing home when Donna fondled him. He didn't ask her to do so, but she indicated she wanted to engage in what she called "play."

"Donna's love for me never changed from the day that we got married to the day she passed away," Rayhons said later Wednesday at the Garner home he shared with Donna. "It was always the same. She knew me all the time. She just was a lady who wanted to be loved."

Iowa Gov. Terry Branstad made a supportive telephone call to the former Republican lawmaker after the verdict, Rayhons said. Branstad spokesperson Jimmy Centers confirmed the call, but couldn't comment on it because he wasn't in the room. Branstad had no comment on the verdict, Centers said.

Rayhons looks forward to a return visit to the Iowa Capitol, he said. He said he remains a proud member of the Garner community despite the embarrassing prosecution that pried into intimate details of his life.

"I never stopped going out in the community, and people gave me so much support," he said. "They knew that this was not the right thing against me."

A national debate

The case spurred national discussion about the complexities of sexual consent issues for people with dementia and Alzheimer's.

Elizabeth Barnhill, executive director of the Iowa Coalition Against Sexual Assault, said it should serve as a wakeup call for nursing homes and care facilities to be explicit with patients and their families about any limitations on sexual activity.

"One thing this very sad case makes clear is that care facilities, healthcare providers, families and patients need to have clear policies and guidelines to protect vulnerable patients and provide patients sexual ... autonomy when appropriate," she said. "I have a great deal of empathy for both families in this situation, and feel all would have been better served had such policies been in place."

For example, a recommended limit on Donna Rayhons' sexual activity was only briefly noted at the bottom of a one-page documented presented during a meeting of family and staff members last May 15. The subject was discussed for about a minute during the half-hour meeting, according to testimony at trial.

Rayhons testified at trial that the limit was not a doctor's order, but simply advice.

Demanding a jury trial

The jury delivered its verdict at 2 p.m. Wednesday after beginning deliberations late on Monday afternoon.

Rayhons sat for a few tense minutes with his hands folded in front of him while he waited for the jury to return to the courtroom after word arrived that a verdict had been reached.

"What's Tom Petty (say), right? 'The waiting is the hardest part,' " defense attorney Joel Yunek said after the acquittal. "You know that's just part of the thing."

Rayhons was always adamant that he wanted to take the case to trial, even after prosecutors offered plea agreements, Yunek said. The former lawmaker wanted to get an acquittal to clear his name, he said.

The trial was wrenching for Yunek, whose mother died Sunday after her own battle with Alzheimer's. Testimony had to be stopped last week after she fell ill.

Yunek's father cared for her until her death, similarly, he said, to how Rayhons stood by Donna.

"Personally it was very close to me," he said. "And professionally it was frankly offensive to me that the government should engage in some sort of monitoring between a husband and a wife."

A difficult case

To win a conviction, prosecutors had to prove two things: that Rayhons had sexual contact with his wife on the date charged after being told not to, and that Donna Rayhons lacked the mental capacity to consent.

The defense cast doubts on both points.

"Our office prosecuted this case based on a complaint, thorough law enforcement investigation, and Iowa law," said Geoff Greenwood, a spokesperson for the Iowa Attorney General's Office. "The jury made its decision, which we respect."

Several factors could have raised doubts for jurors, who declined to talk after the verdict.

There was no witness to the alleged sex act. Donna Rayhons' roommate, who tearfully complained that night about hearing something improper going on behind a curtain, never specifically told staff members the sounds were sexual.

An exam done on Donna Rayhons that night found no sign of injury. Also, lab tests done on swabs from that exam found no conclusive evidence she'd recently had sex. An expert testified that the lack of evidence didn't necessarily mean that sex hadn't occurred.

Surrounded by family, Rayhons said Wednesday he plans to continue caring for the honeybees that Donna loved. He felt her with him throughout trial, he said.

"I just know that you have times at night where things approach you, and it was always Donna there with me," he said. "It was always Donna."