"The only witness was an 86-year-old roommate, Polly Schoneman, who was on the other side of the curtain..."

"... and who agitatedly told nursing home staff members that she had heard noises that made her uncomfortable. Ms. Schoneman testified that she was not certain the noises had been sexual."

Mr. Rayhons testified that he recalled brief instructions to limit �sexual activity� with his wife made during a conference at the nursing home on May 15. At the trial, Mr. Rayhons testified that he considered �sexual activity� to be intercourse.

Henry Rayhons is the 78-year-old man who was acquitted of sexually assaulting his wife � who had Alzheimer's disease but was always happy to see him and would initiate sexual play � "She would reach in my pants and fondle me sometimes.�

He told the prosecutor, �I always assumed that if somebody asks for something, they have the capacity� to consent.

The link goes to the NYT. One of the comments:

People should choose very carefully who they want as their health proxies or legal guardians. It seems that the husband in this case had very little control regarding his wife's care. It's disturbing to read that even the nursing home had more control and could mandate where the husband could take his wife outside of the nursing home.

The woman had chosen one of her daughters as her health proxy.