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Posted by Orko on Nov-30-2005 15:03:

Dunno Man acquitted in sex assault because he was asleep

quote:
Man acquitted in sex assault because he was asleep
Last Updated Wed, 30 Nov 2005 09:27:49 EST
CBC News

A judge in Toronto has acquitted a 33-year-old man of sexual assault, accepting evidence he was asleep during the attack.

"His conduct was not voluntary," said Justice Russell Otter in a Toronto Sun report.

The woman in the case cried and left the courtroom upon hearing the acquittal and said she fears the ruling could set a precedent.

"I believe the floodgates have been opened." said the woman, who adds she will pursue her case "to the highest level."

The court heard Jan Luedecke and the woman met at a party in July 2003. Both had been drinking and the woman fell asleep on a couch. She woke up to find him having sex with her and pushed him off.

Luedecke testified he only suspected he had been having sex when he went to the bathroom and discovered he was wearing a condom. He confessed to police.

Sleep expert Dr. Colin Shapiro testified that Luedecke had parasomnia, a disorder with symptoms such as sleepwalking. The doctor also said Luedecke suffered from "sexsomnia," which is sexual behaviour during sleep.

Luedecket previously had sex with four girlfriends while asleep.

The court also heard Luedecke had cut down on his drinking and is taking medication to stop his sexsomnia.


source

can of worms anybody?


Posted by zokissima on Nov-30-2005 15:10:

This has got to be one of the STUPIDEST things I've ever heard of in my life. "sexomnia"?????? What the F***? Man, it looks like there is no limit to this new age psycho bullshit. Apparently everyone suffers from some kind of condition, and rape seems to be included. Absolutely ridiculous.


Posted by Stingray on Nov-30-2005 15:12:

Yeah I read this in the paper this morning. Sounds quite fishy to me. Even if he is a 'sexsomniac', he's still a threat to society. Some course of action should be taken! Something more than 'cutting down on his drinking and is taking medication'.


Posted by Moral Hazard on Nov-30-2005 15:15:

^^^^ people have gotten off on murder due to automatism defences involving sleep walking. There is one rather famous incident of a man who woke up in his bed covered in blood. He had no clue what had happened until he was informed by police that his mother and father in-law had been stabbed to death that night. This man had a well documented history of sleepwalking. Turns out the man drove across town (I cannot remember where this happened) in the middle of the night, killed his in-laws and returned home all while sleeping.

This sort of thing is hardly new and does in fact happen. I do not know the details of this particular instance but provided the accused has a documented history of sleep walking then it is a viable defence and likely a well founded decision.


Posted by Skipper on Nov-30-2005 15:20:

quote:
Originally posted by Moral Hazard
^^^^ people have gotten off on murder due to automatism defences involving sleep walking. There is one rather famous incident of a man who woke up in his bed covered in blood. He had no clue what had happened until he was informed by police that his mother and father in-law had been stabbed to death that night. This man had a well documented history of sleepwalking. Turns out the man drove across town (I cannot remember where this happened) in the middle of the night, killed his in-laws and returned home all while sleeping.

This sort of thing is hardly new and does in fact happen. I do not know the details of this particular instance but provided the accused has a documented history of sleep walking then it is a viable defence and likely a well founded decision.


Agreed
This is hardly setting precedent.


Posted by Moral Hazard on Nov-30-2005 15:22:

Abstract from study on subject (conducted at UofT I believe)

quote:

Sexsomnia�A New Parasomnia?
Colin M Shapiro, MD1, Nikola N Trajanovic, MD2, J Paul Fedoroff, MD3

Parasomnias are well-described, common nocturnal phenomena.
By definition, parasomnias are �events that occur
intermittently or episodically during the night� (1,2). They
may occur in any phase of sleep. Most parasomnias are characterized
by partial arousals before, during, or after the event.
There are several classifications of the major parasomnias�a
widely used description of the types of parasomnias is provided
in DSM-IV (3) and the International Classification of
Sleep Disorders (4). New additions are expected to enter the
International Classification, for example, the newly described
disorder of sleep eating (5) and overlap parasomnias (6).
While parasomnias are considered normal in children, where
the prevalence is relatively high (> 15%), in adults they may
be indicative of a psychopathology, and the prevalence is relatively
low (> 6%) (7). The most common precipitants of
parasomnic behaviour in adults are stress, sleep deprivation,
and alcohol or drug consumption. It is common for family
members to have similar parasomnias.
 Can J Psychiatry, Vol 48, No 5, June 2003 311

Objective: To describe a distinct parasomnia involving sexual behaviour, which we have
named sexsomnia.

Method: We have used a case series as a basis for the description of sexsomina.

Results: Eleven patients with distinct behaviours of the sexual nature during sleep are described.
The features in common with other nonrapid eye movement arousal parasomnias,
such as sleepwalking are documented. Some patients had simply been referred to a tertiary
sleep clinic for investigation of unrelated sleep problems. A small number had been involved
in medicolegal issues. Sexsomnia has some distinct features that separate it from
sleepwalking. The automatic arousal is more prominent, motor activities are relatively restricted
and specific, and some form of dream mentation is often present.

Conclusions: A significant number of patients with this unusual parasomnic behaviour
were identified only after specific questions were asked, suggesting that the behaviour is
more common than previously thought.


From the Canadian Psychiatric Association

http://www.cpa-apc.org/Publications...une/shapiro.pdf


Posted by Halycon on Nov-30-2005 15:24:

quote:
Originally posted by Moral Hazard
^^^^ people have gotten off on murder due to automatism defences involving sleep walking. There is one rather famous incident of a man who woke up in his bed covered in blood. He had no clue what had happened until he was informed by police that his mother and father in-law had been stabbed to death that night. This man had a well documented history of sleepwalking. Turns out the man drove across town (I cannot remember where this happened) in the middle of the night, killed his in-laws and returned home all while sleeping.

This sort of thing is hardly new and does in fact happen. I do not know the details of this particular instance but provided the accused has a documented history of sleep walking then it is a viable defence and likely a well founded decision.


i remember that case from when i studied law. fucked up shit.


Posted by Nikitha on Nov-30-2005 15:28:

Even as a major in psych this still seems fishy to me...
and when i watched that documentary on the guy that killed his mom and dad-in-law i thought it was rather fishy as well...
my best friend when i was younger had a very CHRONIC sleepwalking problem... and she would hardly ever get out of her room.. so i don't know....
after reading that article it all seems a little too like that final scene in the movie Kids when that guy just decideds to rape that passed out chick on the couch to me..

Nikitha


Posted by DigitalMP on Nov-30-2005 15:29:

I used to have sex with my ex while she was sleeping. Fuck that was hot...she loved waking up to that.


Posted by Ziggy on Nov-30-2005 15:56:

Hey, Michael Jackson tried the same excuse but the lawyer advised him it would be better to declare the kid is "all about the money".


Posted by TheVrk on Nov-30-2005 16:10:

I agree that this won't be precedent setting,
but can it get any MORE ridiculous?!?!


Posted by StereoPrincess on Nov-30-2005 16:40:

apperently the other day on dr. phil there was a couple that was on and their story was fucked up like this.

in their case the woman was the one that was sleeping and the man had sex with her. outside the sleeping thing they didn't have sex because the marriage was rocky. but she found herself pregnant and was going crazy. finally the man confessed that he had sex with her while she was asleep. apperently she was a very deep sleeper.


Posted by Skipper on Nov-30-2005 16:49:

quote:
Originally posted by StereoPrincess
apperently the other day on dr. phil there was a couple that was on and their story was fucked up like this.

in their case the woman was the one that was sleeping and the man had sex with her. outside the sleeping thing they didn't have sex because the marriage was rocky. but she found herself pregnant and was going crazy. finally the man confessed that he had sex with her while she was asleep. apperently she was a very deep sleeper.


Totally fucked up? Yes.
Same thing? Not at all...the guy on Dr. Phil knew what he was doing. In this case the guy was sleeping.


Posted by StereoPrincess on Nov-30-2005 17:06:

quote:
Originally posted by Skipper
Totally fucked up? Yes.
Same thing? Not at all...the guy on Dr. Phil knew what he was doing. In this case the guy was sleeping.


no, i know it's not the same this. but it's about sex during being asleep.
meaning that it is totally possible that a person can sleep through sex.
the problem with this is that it took this girl so long to realize he was having sex with her? he even put a condom on, that is amazing!


Posted by mushyflowa on Nov-30-2005 17:18:

quote:
Originally posted by zokissima
This has got to be one of the STUPIDEST things I've ever heard of in my life. "sexomnia"?????? What the F***? Man, it looks like there is no limit to this new age psycho bullshit. Apparently everyone suffers from some kind of condition, and rape seems to be included. Absolutely ridiculous.


bored people dicovering new stuff = sexomnia..

but still.. i dont get it why girls blame that on guys all the time.. they got drunk together... when im drunk i know the best thing to do is to go home to sleep or simply stay at one of my friend's house.. i dont sleep in someone's couch with a stranger.. specially when all those new sickness and deseases such as sexomnia.. ahahahah!!!


Posted by Yohan on Nov-30-2005 17:32:

quote:
Originally posted by StereoPrincess
no, i know it's not the same this. but it's about sex during being asleep.
meaning that it is totally possible that a person can sleep through sex.
the problem with this is that it took this girl so long to realize he was having sex with her? he even put a condom on, that is amazing!


She must have figured out that he wasn't as hot as she thought in her drunken haze.

Still, I'm a bit unsettled by this.


Posted by VERTiG0 on Nov-30-2005 19:24:

Can somebody tell me how these women don't wake up while they're being vigorously thrust into? Hahah wow that was dirty.


Posted by zokissima on Nov-30-2005 19:25:

quote:
Originally posted by mushyflowa
bored people dicovering new stuff = sexomnia..

but still.. i dont get it why girls blame that on guys all the time.. they got drunk together... when im drunk i know the best thing to do is to go home to sleep or simply stay at one of my friend's house.. i dont sleep in someone's couch with a stranger.. specially when all those new sickness and deseases such as sexomnia.. ahahahah!!!

Good point!!!


Posted by mushyflowa on Nov-30-2005 19:34:

quote:
Originally posted by VERTiG0
Can somebody tell me how these women don't wake up while they're being vigorously thrust into? Hahah wow that was dirty.


i can feel my bf hugging me even if its sunday night.. after the afterparty..

as someone said it here.. it might be that she realized that the guy wasnt hot enough.. you never know.. i met the most fucked up people here in canada.. specially in toronto..


Posted by DigDeep on Nov-30-2005 19:44:

This is fucking retarded.

There is no way someone can achieve a hard on, spread a girls legs, and stick it in (especially if she's ummmmm - dry), then continue to have sex, all while being asleep. If this is the case, then i guess all guys who rape women can claim they were asleep?? How could they prove otherwise?


Posted by Moral Hazard on Nov-30-2005 19:52:

quote:
Originally posted by Floorwhore
This is fucking retarded.

There is no way someone can achieve a hard on, spread a girls legs, and stick it in (especially if she's ummmmm - dry), then continue to have sex, all while being asleep. If this is the case, then i guess all guys who rape women can claim they were asleep?? How could they prove otherwise?


Actually, in order for any automatism defence to be accepted it is up to the person using the defence to prove it's validity. Saying you had an involuntary muscle spasm that caused you to stab your wife while carving a ham is not good enough, you must prove that you suffer involuntary muscle spasms that result in your arm flailing in a stabbing motion. One would assume that the defendant had to prove a history of fucking or at least walking in his sleep in this case.


Posted by DigitalMP on Nov-30-2005 20:24:

quote:
Originally posted by Floorwhore
This is fucking retarded.

There is no way someone can achieve a hard on, spread a girls legs, and stick it in (especially if she's ummmmm - dry), then continue to have sex, all while being asleep. If this is the case, then i guess all guys who rape women can claim they were asleep?? How could they prove otherwise?


Actually, we've all awoke with erections before, and when my ex noticed I had one during my sleep (I sleep very deep, and sans clothing), she'd jump right the fuck on. I can't count how many times I woke up to her riding me.

Additionally, my senior year of high school:

Picture this: to walk in the side door of my parents' old house, there was a locked storm door, and another door with a handle key-lock, dead bolt, and chain+bolt. Then you're in the back hallway. Up two steps to another chained door. Inside that door is a countertop where lies the key for the deadbolt on the second door.

So in my deep slumber, I got up, grabbed my car keys, grabbed the key off of the countertop, unchained the door, down the steps, unchained the other door, inserted the key, unbolted the door, unlocked the handle, opened the door, unlocked and opened the storm door and made my way out to my car.

My sister grabbed me while i was in the driveway, and she and my parents told me about it the next day. I have no recollection whatsoever, was not drinking, and was not allowed to sleep with my car keys in my room for a very long time.


Posted by ghetto_fab on Nov-30-2005 20:31:

sexsomnia. god they have a word for everything now adays i have never heard of sexsomnia.


Posted by Skipper on Nov-30-2005 21:28:

quote:
Originally posted by VERTiG0
Can somebody tell me how these women don't wake up while they're being vigorously thrust into? Hahah wow that was dirty.


Maybe he was just a short, short man.
and she don't want no short, short man.


Posted by Yohan on Nov-30-2005 21:53:

quote:
Originally posted by Skipper
Maybe he was just a short, short man.
and she don't want no short, short man.


Don't want don't want don't want don't want
Don't want no short, short man.

Damn you for putting that tune back into my head.


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