She was unable to give consent to the sexual act because of her mental state. A judge ruled that 78-year-old Donna Rayhons – wife of Iowa Republican Representative Henry Rayhons and who resided at an elderly care facility – lacked mental capacity to consent to sex but Henry apparently wasn’t listening.
According to Iowa Press-citizen’s reporting, Rep. Henry Rayhons, R-Garner, who represents House District 8, was charged with third-degree sexual abuse, a Class C felony.
The charge stems from an alleged incident the evening of May 23 at the Concord Care Center in Garner, authorities said.
Rayhons, 78, is accused of having sex with his wife, Donna, who did not have the mental capacity to consent, according to a criminal complaint.
The complaint said that Rayhons was told on May 15 that Donna Rayhons did not have the cognitive ability to give consent to any sexual activity. On May 23, Henry Rayhons went into his wife’s room and pulled the curtain closed, the complaint said. Donna Rayhon’s roommate told authorities that she “heard noises indicating to her that” Henry Rayhons was having sex with Donna Rayhons, the complaint said. Surveillance video showed Henry Rayhons leaving his wife’s room and discarding undergarments into a laundry bag, the complaint said.
In June, a Hancock County District Court judge issued an order that named Suzan Brunes, Donna Rayhons’ daughter, her mother’s temporary guardian, according to a story in the Mason City Globe Gazette.
Donna and Henry Rayhon were married in 2007.
Donna Rayhons, 78, died on Aug. 8.
Henry Rayhons was arrested today and taken to the Hancock County Jail.
An employee of the Hancock County Attorney’s Office on Friday said the case would be prosecuted by the state Attorney General’s Office. That office did not immediately return a call seeking comment.