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discussion about donna's cognitive state and her ability to give consent to sexual activity. >> i believe so. >> do you remember when the discussion got to that point? >> yes. >> and do you remember what you said? >> yes, i said it's not a problem. >> and why did you say that's not a problem? >> because i -- i indicated -- my thoughts were -- or my definition of that was intercourse. >> and what about intercourse? >> i did not have intercourse. that wasn't in that particular -- >> you mean -- >> that's right. >> the case is unprecedented and there are strong opinions on both sides of the debate. dr. arthur kaplan is the nation's foremost bioethicist, he's the founding director of the division of medical ethics