Another sleepwalking case... (1 Viewer)

[Frigid]

another somnoambulism case from Canada. com'on SMH, explain it such that it doesn't sound like Canada has a perverted justice system; i would strongly argue the same result would be reached in any Australian jurisdiction...

Legal wake-up call as sleepwalker cleared of rape

IT SEEMS that, in Canada, if you commit a crime while asleep you will receive a get-out-of-jail-free card.

In the second such incident of its kind, a Canadian man has been acquitted of a serious crime because he was sleepwalking.

Jan Luedecke, 33, was accused of raping an unidentified woman in 2003. They had reportedly both fallen asleep on a couch after a party.

The woman alleges that when she awoke the man was having sex with her. Mr Luedecke claims he was asleep during the entire incident and did not realise he had had sex until he went to the bathroom and discovered he was wearing a condom.

Sleep experts and psychiatrists both testified that he suffered from "sexsomnia" - the predilection to have sex while still sleep.

The judge accepted the testimony. "His conduct was not voluntary," Justice Russell Otter said in his ruling on Monday.

No one can be convicted of a criminal offence in Canada unless they have criminal intent, the so-called guilty mind.

People with a mental illness do not have criminal intent, but Luedecke was not found to be ill - he simply could not have had criminal intent while asleep.

The victim reportedly sobbed when the verdict was read out. She was furious, as were women's groups.

"It's another case of the courts not taking a woman seriously; adding yet another item to the list of excuses which men use for sexual assault," Suzanne Jay, from the Canadian Association of Sexual Assault Centres, told CBC television.

In 1987 another Canadian, Kenneth Parks, got out of bed and, while still asleep, put on his running shoes, grabbed his car keys and drove 23 kilometres to his in-laws' house, about 20 minutes away.

He killed his mother-in-law and tried to kill his father-in-law but was acquitted after testimony he had been sleepwalking.

The Canadian Supreme Court upheld the verdict.

 

[xeuyrawp]

I assume that the guy had a long track-record of parasomnia and sleepwalking, which the SMH didn't mention...

 

[glitterfairy]

I certainly hope so. Otherwise "But I was asleep! I swear!" will become the world's newest most popular excuse in court.

 

[melsc]

So u did sig it Frigid

 

[hfis]

The report conveniently forgets to mention that the man had previously had "sleep sex" with four other girlfriends. If all four of them can independently agree on something - especially ex girlfriends - then it's a good sign that there is more to the decision than 'lol fuk u, feminists'.

Link to another article on the subject.

 

[mr_brightside]

Thats complete utter fucking bullshit.

sheesh.....Canadians

 

[hfis]

Hey, im was takking to a n emo tonght and he seid you rpobably sucked. ut I disagreed

kthx abai

Oh for the love of... Can you please stop fucking posting in this forum? You never have any input of any value whatsoever.

 

[Lexicographer]

Is this user an ongoing problem? If someone sends me a PM I'll look into the case and consider a ban.

 

[Soma]

I remember a primary school camp I woke up to this kid my age in my bed hugging me and crying in his sleep.

I wigged out and started hitting him to wake up but he wouldn't. Went and got one of the teachers and they finally woke him and got him to go back to his bed.

Funny thing was that this kid was a real wannabe hardcunt and often got into fights. When I brought it up with him any time afterwards he used to go ballistic. Last I heard of him he got kicked out of Barker for dealing drugs.