The OP’s article is from September 2014.
More recent news coverage from the Rayhons trial includes testimony that his wife was not capable of consenting to sex.
Dr. John Brady, who is medical director of Concord Care Center, testified that Donna Rayhons had severe dementia caused by Alzheimer’s disease. He said any positive reaction to her husband’s affectionate advances could be termed a “primal response,” not a conscious decision to reciprocate.
Defense lawyer Joel Yunek pressed the doctor on the matter. “If the testimony is that Donna is happy to see Henry — hugs, smiles, they hold hands, they talk — would that indicate that she is in fact capable at that point of understanding the affection with Henry?” Yunek asked.
“No,” Brady answered. He likened the situation to the instinctive response of a baby to affection shown by a mother.
The lawyer asked: “Isn’t a primal response a decision that we make?”
No, the doctor said. “I don’t believe an infant makes an informed decision.”
The jury also heard from former nursing home staff nurse Shari Dakin, who recounted how Donna Rayhons’ roommate became distraught after the alleged incident. The roommate indicated Henry Rayhons had done something awful after pulling a curtain shielding his wife’s bed from the roommate’s view. “She said she just hated that man, just hated him,” Dakin said. The roommate told staff members she knew what the sounds were. “I’m not stupid. I know what was going on behind that curtain,” Dakin recalled her saying.
Having sexual activity in a semi-private room in a nursing home with the roommate present shows a stunning lack of sensitivity and discretion on the part of Mr. Rayhons. Whether it rises to the level of a crime, that’s for the jury, but it should have lead to Mrs. Rayons being placed, as she indeed was, in a more protective unit.